IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10189 of 2006
SHASHIKANT KUMAR
Versus
THE STATE OF BIHAR & ORS
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2 22.11.2010 Petitioner was engaged as a menial who operated
generator in the sub-jail of Jehanabad. He was being paid a sum of
Rs. 61/- per day as the engagement was on daily basis.
This writ application has now been filed stating
that the petitioner was appointed as an electrician-cum-generator
operator and for which the minimum basic wage being fixed under
the Minimum wages Act is Rs. 79/- or 82/-. A direction therefore
should be given to pay the difference in the wages paid to the
petitioner.
The stand of the State is that the engagement of the
petitioner was as per the agreement and he is not a qualified
electrician on which post he has been appointed. The nature of the
work offered to him and taken by the respondent has already been
compensated by payment of Rs. 61/- which was agreed upon. The
present writ application has been basically filed on misleading
facts to beget benefit of couple of more rupees to which the
petitioner is not entitled. There has been no discrimination in
giving payment on the post and the nature of work which the
petitioner was engaged in daily wages.
It is misplaced kind of writ application in view of
the above quoted materials. Even otherwise the petitioner has
other remedy under the law and not by the writ application under
-2-
Article 226 of the Constitution of India.
This writ application stands dismissed.
RPS (Ajay Kumar Tripathi,J.)