Arijit Pasayat, J. - (1.) The present appeals are directed against the judgment of a Division Bench of the Bombay High Court. Several Writ Petitions were disposed of by the High Court. These writ petitions were filed either by the Unions of the workers of the Marathwada Agricultural University (hereinafter referred to as the University) or by the employees of the University against the State of Maharashtra and against the University. The primary grievance was that qualification, nature of work, duties and responsibilities of the work of labourers who were daily-rated labourers are same as that of permanent labourers employed by the University. Even then the daily rated workers were getting far less wages than the emoluments which were being paid to permanent labourers. It was also submitted that the Maharashtra Mumbai Wages Commission constituted under the Minimum Wages Act, 1948 had fixed the rate of wages depending upon the zones in the Marathwada region. But the University paid these daily rated workers far less.
(2.) The High Court held that denial of the appropriate wages to the daily-rated workers amounted to exploitation of labour. The Government cannot take advantage of its dominant position by forcing them to work as casual labourers on starvation wages. Therefore, it was directed that the daily-rated workers were to be paid wages with effect from 1st May, 1988 at the rate of basic pay i.e. at the minimum of the pay scale plus dearness allowance divided by 26.
(3.) The directions in essence were as follows : "Therefore it is being directed that if the daily-rated workers are being given paid weekly off, then they be paid the wages at the rate of basic pay (at the minimum of the pay scale) plus dearness allowance divided by 30; and if paid weekly off is not being given to the daily-rated workers, then they be paid wages at the rate of basic pay (at the minimum of the pay scale) plus dearness allowance divided by 26. Such payment should be on the basis of the categories of the daily-rated workers, such as, skilled, semi-skilled, or unskilled, as the case may be." ;