Dhammjyoti Madhukar Bhosale And Others v. The Union Of India Through Secretary And Others

17-WP-10409-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10409 OF 2023 DHAMMJYOTI MADHUKAR BHOSALE AND OTHERS

VERSUS

THE UNION OF INDIA THROUGH SECRETARY AND OTHERS ....

Mr. R. K. Ashtekar, Advocate for Petitioners Mr. V. M. Kagne, AGP for Respondent - State Mr. D. B. Gaikwad, Advocate for Union of India ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:04.09.2023 PER COURT :- 1.

The Petitioners who are working as '

Mini Anganwadi Sevika'

, contend that they should be paid at par with the '

Anganwadi Sevika'

. This issue involves material aspects like the job profile of each category, the comparison between the two categories (comparable workmen), evidence as regards whether the persons working as '

Mini Anganwadi Sevika'

are doing exactly the same work as the '

Anganwadi Sevika'

, etc. Approaching the Industrial Court for seeking parity in the wages on the principle of '

equal pay for equal work'

, would be the appropriate proceedings.

(( 2 )) 17-WP-10409-2023 2.

The learned Advocate for the Petitioners submits that a representation dated 11.01.2023 is addressed to several authorities. Respondent No.2 can consider the representation and take a decision. 3.

In view of the above, this Petition is disposed off. 4.

We expect Respondent No.2 to deal with the representation of the Union dated 11.01.2023 (the Petitioners claim to be the Members of the Union), by soliciting details and inputs from the various Anganwadis and Mini Anganwadis and by calling for reports of the authorities concerned. Let this exercise be completed within six months. Thereafter, if the Petitioners are aggrieved, they would be at liberty to approach either the Industrial Court under the MRTU & PULP Act, 1971 or raise an industrial dispute before the competent authority under the Industrial Disputes Act, 1947. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS