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2016 DIGILAW 732 (ORI)

Trishi Munda v. Orissa Mining Corporation Ltd.

2016-09-01

SANJU PANDA, SUJIT NARAYAN PRASAD

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JUDGMENT : S.N.Prasad, J. This writ petition is for issuance of direction upon the opposite parties to pay equal pay for equal work at par with the Pickers as envisaged in the Government of India Notification dated 12.7.1994 under annexure-1. 2. After going through the pleadings made in the writ petition it is evident that the petitioners are entitled to get wages as per the wage rate of semi-skilled workers as per the Government of India Notification dated 12.7.1994. According to the petitioners, class of workers has been divided in two groups, i.e. ‘Pickers’ and ‘Female Mazdoors’. Prior to 12.7.1994 they were known as Pickers and Female Mazdoors and they were paid on the basis of daily allowance and daily rated wage scale applicable to them. Prior to 12.7.1994, both the categories of workers were rated as un-skilled workers and were paid the same rate i.e. Daily Wage Rate Scale, but the Government when issued notification dated 12.7.1994 has made discrimination by making distinction in payment of wages in favour of the petitioners vis-à-vis semi-skilled workers and accordingly on this pretext this writ petition has been filed. 3. Counter affidavit has been filed by the opposite parties 1 and 2 raising preliminary objection that under the provision of Minimum Wages Act, 1948 there is statutory forum available to raise the claim but without following the same this writ petition has been filed that too on the disputed question of fact. 4. After having heard learned counsel for the parties and after going through the provisions of Minimum Wages Act, 1948 wherein statutory provision has been made under Section 20 providing power to the competent authority to hear and decide for any specified area of claims arising out of payment less than minimum wages. Since there a statutory provision to adjudicate the claim under the provisions of Minimum Wages Act, 1948 and as such we refrain ourselves from entering into the merit of the claim of the petitioners on the ground of having statutory forum to adjudicate the dispute under section 20 of the Act, 1948. 5. Since there a statutory provision to adjudicate the claim under the provisions of Minimum Wages Act, 1948 and as such we refrain ourselves from entering into the merit of the claim of the petitioners on the ground of having statutory forum to adjudicate the dispute under section 20 of the Act, 1948. 5. Accordingly, the writ petition is dismissed, however with the liberty to the petitioners, if they so advised, to raise the claim before the competent authority under section 20 of the Minimum Wages Act, 1948 and if such claim petition will be filed the competent authority will decide the same expeditiously after providing opportunity of being heard to the parties.