High Court of Punjab and Haryana, Chandigarh
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Ishwar v. State of Haryana & Ors - CWP-18318-2005  RD-P&H 7870 (26 September 2006)
C.W.P. No. 18318 of 2005
Date of Decision: 28.9.2006
State of Haryana and others ---Respondents Coram: Hon'ble Mr. Justice M.M.Kumar
Hon'ble Mr. Justice M.M.S.Bedi
Present: Mr.I.D.Singla, Advocate,
for the petitioner.
Mr. Harish Rathee, Sr. DAG, Haryana
for respondents No. 1 and 2.
Mr. P.S.Saini, Advocate,
for respondent No. 4
Mr. R.K.Malik, Advocate,
for respondent No. 5
The question raised by the petitioner in the instant writ petition is as to whether he is entitled to salary @ Rs. 2550/- or @ Rs. 1800/-.
According to the learned counsel the minimum wages prescribed by the Deputy Commissioner would be Rs. 2550/- p.m. whereas the stand of the respondent is that it the contractual rate of salary being given as the petitioner is working as part time rickshaw puller.
It is disputed as to whether the D.C. Rates of Rs. 2550/- would be available to a part time worker like the petitioner or the aforementioned rate is applicable to a full time worker.
Having heard the learned counsel, we are of the view that for proper adjudication of the issue, the petitioner would be better advised to invoke the jurisdiction of the Labour Court where such a question can be adjudicated by adducing evidence. Therefore, the petitioner is relegated to the remedy of seeking reference under Section 10 of the Industrial Disputes Act.
This petition is disposed of accordingly.
September 28, 2006
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