Rakesh Tiwari - (1.) HEARD Sri K. P. Agrawal, learned senior counsel appearing for the petitioner and Sri G. D. Mishra who has accepted notice on behalf of respondents No. 1 and perused the record.
(2.) THE petitioner claims that he was appointed as a permanent employee on the post of Dairyman in the State Dugdh Parishad Dugdhshala Vikas, Mirzapur and since then he has been regularly working. His wages at the time of appointment was about Rs. 1,200 per month and currently the wages are Rs. 7,735 per month and that under orders of the D.D.O., Mirzapur and Vikas Adhikari the daily activity of collecting and selling the milk as stopped but the petitioner was continued in employment having been retained for looking after some essential works. It is stated that the activities of collection and distribution of milk in the Dugdhshala Mirzapur started again and duties of the Dairyman were again assigned to the petitioner by order dated 20.6.2005, issued by the Deputy Dugdhshala Vikas Adhikari, Mirzapur on 20.6.2005. However, during the aforesaid period he was paid some amount towards part of wages for which he made representations for payment of the back wages as well as full wages on 10.9.2007, 30.10.2007 and 5.11.2007. It is also stated that he was never paid his full wages as sometimes he was paid a thousand rupees or two thousand rupees as advance.
(3.) IT is further stated that due to non-payment of his wages the petitioner approached the Secretary of the Dugdh Vikas Parishad and reply has been given to him by State Backward Commission admitting that the payment of wages has not been made to him. Though he has his duty almost 12 hours everyday. Sri K. P. Agrawal, learned senior counsel for the petitioner submits that the petitioner is entitled to full wages as there was no severance of relationship of master and servant when the activities of the respondent-Dugdh Utpadak Sahkari Sangh were temporarily stopped. According to him non-payment of full salary is not only hit by Article 21 but is also hit by Article 23 of the Constitution of India.;