STATE OF CHHATTISGARH Vs. BHAIYA LAL YADAV

JUDGEMENT

(1.) In WPL No.2941/2009 the petitioner/State of C.G. has challenged the order dated 7.11.207, passed by the Court of Authority Minimum Wages Act, Korba, in case 25/MW/KRB/2006.

(2.) It is submitted by the counsel for petitioner in WPL No.2941 of 2009 that the claim made by respondent Bhaiya Lal Yadav was baseless. According to the Circular 1 the contingency paid employees have to be paid on the basis of the rates fixed by Collector for the first 03 years and subsequent to that they will have entitlement for revised pay. The respondent was appointed on 03.11.1987 as a daily wage employee. The respondent was regularized vide order No.35059-022/05 dated 31.10.2005, therefore, any entitlement, which may be of the respondent for the revised pay scale would be from the date of such regularization only and not before that. The learned Authority has not made any differentiation and drawn conclusion on the point of entitlement of the respondent for the revised pay scale, therefore, the order passed is erroneous. The respondent has entitlement for payment at enhanced rate from 31.10.2005 only, hence the petition be allowed and the impugned order be set aside.

(3.) The counsel for respondent opposed the submissions and submitted that the order dated 31.10.2005 itself speaks about the entitlement of the petitioner, according to which, the authority has passed orders. No error has been committed by the Authority in passing the impugned order, therefore, the petition be dismissed.