SCA/1835/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1835 of 2008 ========================================================= GUJARAT WATER SUPPLY AND SEWERAGE BOARD - Petitioner(s) Versus MAHENDRAKUMAR NATHALAL PATEL & 1 - Respondent(s) ========================================================= Appearance : MR HS MUNSHAW for Petitioner(s) : 1, NOTICE SERVED for Respondent(s) : 1 - 2. MR ADIL R MIRZA for Respondent(s) : 1, Mr. Krunal Pandya, Asst.GOVERNMENT PLEADER for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 14/08/2008 ORAL ORDER
This
petition challenges the legality and maintainability of the order
dated 22.8.2007 passed by the Disability Commissioner under the
provisions of Persons Disabilities Act, 1995, whereby the Disability
Commissioner has directed the petitioner Board to pay wages to the
employee by treating him as skilled employee. It is the case of the
petitioner that the impugned order is beyond the jurisdiction of the
Disability Commissioner and the Commissioner has taken over the
jurisdiction of determining the entitlement of employee for
different/higher pay-scale than what is being paid by the employer.
It was claimed that the authority to fix or grant particular
pay-scale is of the employer and would not come within the
jurisdiction of the Disability Commissioner. The petition deserves
further consideration. Hence, Rule. During the
pendency of the petition, operation of the impugned award shall
remain stayed. Since the impugned order concerns an employee with
disability and the interim order of this Court would stay the
operation of the order passed by the Disability Commissioner, it is
considered appropriate to fix date for final hearing of the
petition. Hence, office is directed to place this petition for final
hearing in the week beginning from 22nd September, 2008.
[
K.M. Thaker, J. ]
rmr.