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1 - 4 of 4 (0.21 seconds)The Dharwad Distt. P.W.D. Literate ... vs State Of Karnataka & Ors. Etc on 23 February, 1990
"The decision in Dharwad Distt. PWD
Literate Daily Wage Employees Assn. v. State
of Karnataka (1990(2)SCC 396) dealt with a
scheme framed by the State of Karnataka,
though at the instance of the Court. The
scheme was essentially relating to the
application of the concept of equal pay for
equal work hut it also provided for making
permanent, or what it called regularization,
without keeping the distinction in mind, of
employees who had been appointed ad hoc,
casually, temporarily or on daily-wage basis.
In other words, employees who had been
appointed without following the procedure
established by law for such appointments.
This Court, at the threshold, stated that it
should individualise justice to suit a given
situation. With respect it is not possible to
accept the statement, unqualified as it
appears to be. This Court is not only the
constitutional court, it is also the highest
court in the country, the final court of appeal.
By virtue of Article 141 of the Constitution,
what this Court lays down is the law of the
land. Its decisions are binding on all the
courts. Its main role is to interpret the
constitutional and other statutory provisions
bearing in mind the fundamental philosophy
of the Constitution. We have given unto
ourselves a system of governance by rule of
law. The role of the Supreme Court is to
render justice according to law. As one jurist
put it, the Supreme Court is expected to
decide questions of law for the country and
not to decide individual cases without
reference to such principles of law.
Consistency is a virtue. Passing orders not
consistent with its own decisions on law, is
hound to send out confusing signals and
usher in judicial chaos. Its role, therefore, is
really to interpret the law and decide cases
coming before it, according to law. Orders
which are inconsistent with the legal
conclusions arrived at by the court in the
selfsame judgment not only create confusion
but also tend to usher in arbitrariness
highlighting the statement, that equity tends
to vary with the Chancellor's foot.
Article 141 in Constitution of India [Constitution]
The Minimum Wages Act, 1948
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