- (1.) PETITIONER claims that he is a salesman and working with the respondent Society, which is registered under the Rajasthan Cooperative Societies Act, 1965, hereinafter called "the Act". He claims the pay scale of Rs. 1020. 50 per month, a revised grade of salesman which is paid to other salesmen, who are similarly situated on the principle of equal pay for equal work enshrined under Article 39 (d) of the Constitution of India.
(2.) THE respondents have raised a preliminary objection that the society is not amenable to writ jurisdiction and therefore, this writ petition is not maintainable.
(3.) LEARNED counsel for the petitioner submits that the petitioner had earlier filed three writ petitions, details of which have been mentioned in earlier part of the writ petition, as the said writ petitions had been entertained by this Court and respondents never raised any objection, the respondents cannot raise this plea nor the Court can find him non-suited only on this ground. It is settled law that estoppel does not lie against law. Moreover, even if the respondents have not raised this issue earlier, they are not debarred from raising it this time, In Hotel Balaji and Ors v. State of Andhra Pradesh and Ors. 1993 AIR SC 1048 the Hon'ble Supreme Court has observed that to perpetuate an error is no heroism. To rectify, it is the compulsion of judicial conscience. Thus, the preliminary objection is found to be untenable. The issue involved is no more res integra as it has been considered by various Courts from time to time.;