The High Court heard a writ petition challenging a Tribunal order that directed an employing department to pay minimum pay/allowances to provisional GDS mailmen. The Court dismissed the petition finding it devoid of merits.
The writ petition and miscellaneous case were dismissed as they were devoid of merits.
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W.P.(C) No. 18525 of 2011
W.P.(C) No.18525 of 2011
&
Misc. Case No.10480 of 2011
Heard learned counsel for the parties.
By way of this writ petition, the petitioners have prayed for the following reliefs:
“xxx calling upon the opposite parties to show cause as to why the order dated 26.03.2010 vide Annexure-3 shall not be quashed.
And as to why the opposite party shall not be paid TRCA/allowances as GDS MAIL MAN as they are engaged provisionally in the vacant Post to manage the duty of GDS MAIL MAN and if the Opposite Party fails to show cause or show insufficient or false cause make the said rule absolute. xxx”
We have perused the order of the learned Tribunal passed in O.A. No.296 of 2008, dated 26.3.2010, (Annexure-3) in details. The relevant portion of the said order reads as under:
“4. In view of the above, I find considerable force in the submission of the Applicants that they are in service for full eight hours which are being followed by other regular employees of the Department for which they are entitled to minimum pay in the pay scale of regularly employed workers/TRCA from the date they were engaged on casual basis; which the Respondents are hereby directed to calculate and pay to the Applicants within a period of thirty days from the date of receipt of this order.”
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Considering the submissions made and keeping in view the findings of the learned Tribunal given in the impugned order and the reasons assigned in support of the same, we do not find any reason to interfere with the same.
The writ petition and the Misc. Case being devoid of merits, the same are accordingly dismissed.
.…….......……………… ( K.S. Jhaveri ) Chief Justice
…………………..……… (K.R.Mohapatra ) Judge
MP
1 issue framed by the court
Whether the Tribunal's order directing payment of TRCA/allowances to specifically engaged provisional workers should be quashed.
Petitioner
Opposite Parties
K.S. Jhaveri
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
