Pramath Patnaik, J. - (1.) The captioned writ application, the petitioner has inter alia prayed for direction upon the respondents for regularization of 125 daily wagers in service who has worked continuously 10 years in different prisons in the State of Jharkhand out of 312 daily wagers and for issuance of direction to make equal pay for equal work of 312 daily wagers, who are working on different posts in different jails.
(2.) Heard Mr. Indrajit Sinha, learned counsel for the petitioner and Mr. Sumir Prasad, learned S.C. I for the respondents.
(3.) Learned counsel for the petitioner submitted that 'Jharkhand Rajya Kara Dainik Karmi Association' (in short 'Association) is a registered association of daily wagers working in different jails within the territorial jurisdiction of State of Jharkhand and all 312 daily wagers were members of the Association. However, after filing of the writ application and during pendency of writ application, some of the writ petitioners quit their job and some were terminated from duties; and as on 02.01.2019, 253 daily wagers are working in 26 jails of State of Jharkhand including Prison Inspectorate, Jharkhand, Ranchi, out of which 185 members have completed more than 10 years and rest 68 members have completed 5 years. Learned counsel for the petitioner further submitted that the petitioner-association has time again had made a request by way of submitting application for equal pay for equal work to all daily wagers working in different prisons at par with other employees of same and similar functioning of work in another Department, but, it did not make any difference. On their application, though on direction of higher authorities, the Inspector General of Prison was directed to take necessary action in this regard but the matter lost its fate. Furthermore, the Inspector General of Prison vide memo dated 25.06.2014 has admitted and that even they used to arrange and make available Computer Operator, Data Entry Operator etc to different offices of Government of Jharkhand. It has further been submitted that as per the provision of law, as mentioned in Bihar Jail Manual, in particular Chapter V Section 1- "61.Subject to the orders of the Inspector-General the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.", the respondents-authorities are competent enough to regularize their services and make equal pay for equal work. To substantiate his argument, on the point of equal pay for equal work, learned counsel for the petitioner referred to the decision rendered in the case of State of Punjab & Ors Vs. Jagjit Singh & Ors as, 2017 1 SCC 148;