Gram Panchayat Karmachari Sangh Maharashtra & others v. State of Maharashtra & others
1989-02-17
M.L.PENDSE, V.P.TIPNIS
body1989
DigiLaw.ai
JUDGMENT - M.L. PENDSE, J.:---By this petition filed under Article 226 of the Constitution of India, the petitioners are recking partly of salaries and wages including dearness allowance and other allowances with those paid to the State Government employees, Zilla Parishad employees or Municipal employees. The petitioners are employees of Gram Panchayats in the State of Maharashtra. The grievance of the petitioners is that their scales of pay are not revised from the year 1965 onwards even though the wage scale of State Government employees, Zilla Parishad employees and Municipal employees are revised from time to time. The petitioners complain that Gram Panchayat employees perform the same duties as performed by the employees of the State Government, Zilla Parishad, and Municipal Councils. The petitioners complain that they were not given even the minimum rates of wages. 2. In answer to the petitioners, Smt. S.S. Karekar, Section Officer, Rural Development Department, Government of Maharashtra, has filed return sworn on March 22, 1988. In paragraph 9 of the return it is claimed: "It is true that the minimum rates of wages fixed in August 1965 were subsequently not revised. However, I state that a proposal to revise those rates is at present under consideration of the Government. xx xx xx xx xx xx xx The revision was made, not only on the basis of the cost of living index but on other considerations like locality, stage of development in the area etc. It is not correct to say that the Village Panchayats which were earlier covered by the Minimum Wages Act have not been denotified." We enquired from Shri Gursahani, learned Counsel appearing on behalf of the State Government, as to why the State Government has not taken a decision though the matter was under consideration at least from March 1988 onwards when the return was filed. Shri Gursahani stated that the decision would be taken shortly. The assurance does not give any relief to the petitioners and we propose to issue a writ of mandamus directing the Government to revise the rates payable to the employees of Gram Panchayats within a period of three months from today. 3. Accordingly, petition succeeds and the State Government is directed to examine the pending proposal and revise the wage scale of the employees of the Gram Panchayats within a period of three months from today.
3. Accordingly, petition succeeds and the State Government is directed to examine the pending proposal and revise the wage scale of the employees of the Gram Panchayats within a period of three months from today. We are confident that the Government would consider the claim of the employees sympathetically and bearing in mind the cost of living index and the price rise which is sky-rocketing from the year 1965 onwards. The employees of the Gram Panchayats are entitled to the minimum wages commensurate with the costs of living index irrespective of the fact as to what income is generated by the Gram Panchayat. We hope and trust that the State Government would be justice to the employees of the Gram Panchayats. In the circumstances of the case there will be no order as to costs. Order accordingly. -----