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1997 Supreme(SC) 582

S. P. KURDUKAR, K. S. PARIPOORNAN
Garhwal Jal Sansthan Karmachari Union – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

S.P. Kurdukar, J.-This Civil Appeal by Special Leave is filed by the appellants challenging the correctness of the judgment dated April 18, 1995 rendered by the Division Bench of the Allahabad High Court. The first respondent is the State of Uttar Pradesh. The second respondent is Garhwal Jal Sansthan, Dehradun.

2. By way of a writ petition under Article 226 of the Constitution of India, the appellants challenged the legality and correctness of the communication/order dated 5th March, 1984 passed by the State Government. A further relief was sought for issuance of a writ of mandamus or direction to the respondents not to implement the order dated 5th March, 1984 and instead to implement the resolution dated 4th June, 1983 passed by the second respondent.

3. The claim set out by the appellants in their writ petition was that they are entitled for the same pay scales which are given to the employees of Jal Nigam. In short, the appellants claim is based on the principle of equal pay for equal work and it arises under the following circumstances.

4. The State of Uttar Pradesh in the year 1975 enacted the U.P. Water Supply and Sewerage Act, 1975 (for short the Act ). Prior to the

















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