TIRATH RAJ Vs. H.P.STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In both these applications, the applicants, who are the petitioners in Civil Writ Petition No. 647 of 1984, have made an identical prayer, namely, to issue interim directions to the respondent -Board to pay to the applicants the wages of Clerks and to regularise their services as Clerks on the establishment of the respondent -Board. The learned Counsel for the applicants states that for the time being the applicant are not seeking any interim directions with respect to their regularisation or the payment to them of wages equal to those paid to regularly appointed Clerks. He submits that at this stage the relief be confined by directing the respondent -Board to forthwith discontinue the invidious discrimination being made in the matter of payment of wages to two artificially created categories of daily -rated workmen who are performing the same duties, namely, (a) the daily -rated workmen who, though employed as T -Mates, are performing the duties of Clerks and are being paid the minimum wages of daily -rated Clerks as notified by the respondent -Board from time to time and (b) the daily -rated workmen employed in the vacant posts of Clerks in the field offices through Employment Exchanges after completing all codal formalities and against sanctions accorded by the Board from time to time.

(2.) Now, these facts are not in dispute. The applicants were employed as T -Mates on daily wages but they are performing the duties of Clerks They are being paid the minimum wages of daily paid Clerks as notified by the respondent -Board from time to time. Accordingly they are being paid at the rate of Rs. 628.50 per month at present. There are other daily -rated workmen employed by the field offices against the vacant posts of Clerks through Employment Exchanges after completing all the codal formalities and against sanctions accorded by the respondent -Board from time to time who are being paid at a higher rate, namely, Rs. 1062 00 per month at the present. The provisions of the Standing Orders framed by the respondent -Board are applicable to all the daily -rated workmen irrespective of the fact whether or not one is employed through the Employment Exchange.

(3.) From the admitted facts stated above in respect of these two categories of daily -rated workmen, the distinguishing feature, if any which surfaces is that one set of workmen is employed as T -Mates but is required to perform the duties of Clerks and is actually paid the minimum wages of daily paid Clerks, whereas the other set of workmen is employed against the vacant posts of Clerks through Employment Exchanges after completing all the codal formalities and against proper sanctions is paid at different rates. Although both the sets of workmen are employed on daily -rated basis and are performing the same duties, the first set of workmen is getting paid at a much lower rate than the second category inasmuch as the former is paid at the rate of Rs. 628 -50 per month where as the latter at Rs. 1062 -00 per month.