9911796707
TMI Blog2020 (10) TMI 1323X X X X Extracts X X X X X X X X Extracts X X X X ..... minimum wages cannot be changed. It is apt to note here that the petitioners and those casual workers who were engaged prior to 2013 had a common similarity i.e. these sets of casual workers were directly engaged by the Department. Thus, for the reason that they were engaged after 2013, they cannot be denied payment of minimum wages and they cannot be compelled to serve them through outsourcing. The decision of changing the service conditions of the petitioners that they shall be engaged through outsourcing is impermissible in law. In so far those causal workers, who have been engaged through outsourcing, they have no similarity with the petitioners. The respondents cannot discriminate with the petitioner in the guise that after 2013, the G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rit, order or direction in the nature of mandamus commanding and directing the respondents to pay salary to the petitioners to the tune as the similarly situated daily wagers are getting pursuant to the order dated 29.12.2017." 2. In batch of petitions, the common question of facts and law are involved. Thus the batch of petitions is being decided by this common judgment and order. 3. The facts leading to the present case are that the petitioners were engaged as daily wagers from 2002 to 2010. The petitioners are working under the administrative control of Principal Commissioner Income Tax, Haldwani and they are discharging their duties as Peon and Watchman respectively. Since their initial appointment to the utmost satisfaction of the su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as casual workers. Thus, the department has no authority to change the status of the petitioners by engaging them through outsourcing. 5. Petitioners, who were similarly engaged by the Department directly, were not being paid minimum of wages whereas similarly situated casual workers are being paid the minimum wages. The contention of respondents is that subsequently large numbers of casual workers have been engaged through outsourcing and they will also claim the same benefit. 6. Having considered the submission of learned counsel for the parties and on perusal of record, this Court is of the view that the petitioners were engaged in 2013 and some causal workers were engaged prior to 2013 directly by the Department, therefore, merely on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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