JUDGMENT 1. - Social justice is the soul of the Constitution of India and which is in no way less fundamental than the basic structure. Social Justice is the signature tone of the Constitution of India and this note is more vibrant in the industrial law. 2. Pre-amble of the Constitution of India reads as under : "We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens : JUSTICE, social economic and political, LIBERTY of thought, express, belief, faith and worship, equality of status and opportunity and to promote among them all, FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation." 3. We talk of social justice, we talk of equality, but, it is on papers only and there is a real need for justice and equality. Equal opportunity may negative the equality as enshrined in the Constitution of India. If the down trodden and starving man is asked to avail the opportunity which is available to a millionaire and billionaire, in fact, it is the denial of equality. This is more vibrant in the cases of have-nots of the society. Chapter-III, of the Constitution is an injunction against the State not to do a particular act which may be violative of the fundamental rights of the citizen. The word 'fundamental' has been used also in Chapter-IV of the Constitution, particularly in Article 37 of the Constitution of India. 4. In Webster's New International Dictionary the word 'fundamental' has been defined as under : "Fundamental-I. of or pertaining to the foundation or basis; serving for the foundation. Hence, Essential, as an element, principle, or law, important, original, elementary, as a fundamental truth." 5. In the New Lexicon Webster's Dictionary, the word 'fundamental' has been defined as under: "Basic, essential, a fundamental truth, affecting the foundations of something, a fundamental change, deep-rooted in a person or being part of the elementary nature of a thing, the fundamental silliness of the idea, being the lowest primary note, determining pitch, in a harmonic series." 6. In the Black's Law Dictionary the word 'fundamental' has been defined as under: "Fundamental law- The law which determines the constitution of Government in a nation or State and prescribes and regulates the manner of its exercise. In the Black's Law Dictionary the word 'fundamental' has been defined as under: "Fundamental law- The law which determines the constitution of Government in a nation or State and prescribes and regulates the manner of its exercise. The organic law of a nation or State, its constitution." 7. Article 37 of the Constitution of India reads as under : "The provisions contained in this part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws." 8. Article 37 of the Constitution directs the State to treat Chapter-N as fundamental in the governance of the State. So, any direction which is given in Chapter IV is a direction which is to be fulfilled by the State as it is fundamental in character and it must be fundamental in observance. Any violation of the fundamental law may give a cause to a citizen, though, Chapter-N may not be enforceable. What is a fundamental law, must be understood in the light of Article- 37 of the Constitution. Fundamental law may be a law enacted for the purpose of implementation of any of the provisions of Chapter-N. Any Government after implementing any provision of Chapter-1V may not be able to return and say that they do not want to enforce any provision of Chapter-N, though, earlier they have enforced it. Any positive act taken by enacting law to implement the provisions of Chapter-N, becomes a fundamental law and fundamental action in character. In this light, we will have to consider the case of the petitioner, who is said to be a part time employee working at the residence of the Assistant Registrar just like a domestic servant. 9. I have gone through the Annexures- 2 to 10 and in every voucher it has been mentioned that Sundays are excluded and no payment has been made to the employee. It is nothing but an exploitation by an exploiter class, who are not paying even daily wages to the starving down trodden and the people who are performing the domestic Work at the residence of the Officers. It is nothing but an exploitation by an exploiter class, who are not paying even daily wages to the starving down trodden and the people who are performing the domestic Work at the residence of the Officers. A class of persons having its origin from the class of exploiters form a class of persons by themselves for the purpose of exploitation of the persons coming from down trodden part of the society. Persons who live in glass houses and the persons who enjoy the fruits of the exploitation cannot think of the pinches of the persons who have always been oppressed and who have always faced the starvation. It is the need of the dynamic and moving society that there should be a struggle for having a society which is based on equality, where there is nothing like an exploiting class, where there are no have and have-nots. Of course, the time has not come so far. It is the rule of the exploiters, it is the rule of the haves, which is troubling the society and putting hurdles in the matter of achieving the object of equality based on the foundation of real equality. 10. In this light we will have to consider the arguments of learned counsel for the parties. 11. Mr. Kala appearing on behalf of the University has cited before me the case reported in 1978 Lab. I.C. 519. 12. Hon'ble Supreme Court was considering the case of the Driver who was appointed by the Regional Manager as his personal employee. Regional Manager was getting the allowances and out of this amount he was paying the salary to the Driver. This practice has been deprecated by the Hon'ble Supreme Court. It was held that it is a case of mal practice and in the garb of giving allowances, the Manager is allowed to keep the Driver as a personal employee. It is not a case of payment by the Bank to the employee but it was the case of payment by the Manager out of his own allowances to the employee. It was held that the Driver is not a workman. 13. In the instant case, the vouchers produced clearly show that the payment has been made to Dhyan Singh from the University of Rajasthan. It was held that the Driver is not a workman. 13. In the instant case, the vouchers produced clearly show that the payment has been made to Dhyan Singh from the University of Rajasthan. Vouchers are prepared by the University for making payment directly to the employee and not to the Assistant Registrar or the Deputy Registrar. The petitioner has been paid out of the University fund by the University and, in the vouchers itself, there is a reference. Even in all the annexures there are signatures of Dhyan Singh, the present petitioner. 14. I do not find any force in the submissions made by the present petitioner. 15. It will not be out of place here to mention that the Sundays should be counted as actual days of work. From the perusal of Annexures 2 to 10 it is clear that the petitioner has completed more than 240 days and even there is no necessity of adding the Sundays. However, it can be added to make the working days on a higher side. There are 35 Sundays which have not been included in the working days by the present respondents. Respondents cannot say that they will not make the payment for the Sundays. Every employee has a right to avail weekly holidays. 16. There is nothing like a disputed question as far as retrenchment under .Section 25F of the Industrial Disputes Act is concerned. The petitioner may be reinstated immediately. As far as the question of back wages is concerned, the petitioner may move an application under section 33C (2) of the Act. Respondents will be at liberty to prove the fact that the petitioner left the service voluntarily, though, it does not appear to be a good ground as the writ petition has been filed just after one month of termination of service. 17. Respondents will be entitled to raise a defence that the petitioner was in gainful employment any where else during this period. In case the petitioner-is found to be in gainful employment during this period then the amount so earned by him will be deducted out of the wages payable to him.Writ Petition is disposed of accordingly.Petition disposed of. *******