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Judgment
SHARAD KUMAR SHARMA, J. (ORAL)
The contention of the petitioner is that the petitioner is a registered Trade Union who is agitating cause of its members whom the petitioner claims that
are engaged by the respondent as a Daily Wager, Chowkidar, Driver, Gateman and, almost all the members of the petitioner Trade Union have put in
more than 10 years of regular service in the said capacity. To fortify the aforesaid contention in his support, he has placed on record the chart giving
the date of engagement, place of posting and nature of duties discharged by them (although at this stage without there being any contravention with
regards to the contents and statistics provided therein, this Court is not extending any opinion on the same).
The contention of the petitioner is that identical issues pertaining to the grant of minimum of pay scale, regularization, benefits of the revision of the
6th Pay Commission has been agitated before the Hon’ble Allahabad High Court in various Writ Petitions, one of which being Writ Petition No.
15627/1988, which was allowed by the Hon’ble Allahabad High Court vide its judgment dated 25.02.1993 and ultimately the Special Leave
Petition too stood dismissed by the Hon’ble Apex Court on 01.12.1994 (Annexure-3 to the Writ Petition).
The contention of the petitioner is that in compliance of the judgment rendered by the Hon’ble Allahabad High Court, the State Government has
already issued a Government Order directing that minimum of pay scale may be granted to Daily Wagers, who has put in sufficient long period with
the respondents. For the purposes of redressing his grievance for fixation of the wages as Rs. 18,000/-, the petitioners contend that they have raised
grievance and have filed a representation on 01.05.2018 before the Divisional Forest Officer, Almora Forest Division, which is pending consideration.
During the course of argument, learned counsel for the petitioners has confined his relief to the effect, for seeking a direction to the respondent to
decide petitioners’ representation. Prayer is innocuous. Without specifying the Authority who would be competent to decide the representation, as
a matter of fact, looking to the representation itself which has been forwarded to all the authorities who have been arrayed as party to the Writ
Petition also, any Authority who is competent to decide the representation under law is directed to decide the claim of the petitioners submitted by way
of representation and would take a decision on representation dated 01.05.2017, within a period of six weeks from today and if possible and necessity
arises after giving an opportunity to the representatives of the petitioner Trade Union.
Subject to the above observation, the Writ Petition would stands disposed of.