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1984 Supreme(Bom) 276

H.H.KANTHARIA, C.S.DHARMADHIKARI
Ahmednagar Zilla Shet Majoor Union & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---Petitioner No. 1 is a Trade Union registered under the Trade Unions Act, 1926. The Union has as its members agricultural workers employed in the District of Ahmednagar. Petitioners Nos. 2 and 3 are agricultural labourers in Shirampur Tahsil of Ahmednagar District and they work on Employment Guarantee Scheme works since last many years. In this petition, the petitioners have mainly challenged the provisions of section 7(2)(vii) of the Maharashtra Employment Guarantee Act, 1977 and have prayed for a declaration that the provision in section 7(2)(vii) to the extent it provides for payment of total wages for EGS work equal to the minimum wage for the agricultural labourer in the Lowest Zone fixed by the State Government from the time to time is ultra vires of Articles 14 and 23 of the Constitution of India. That the task rates which are fixed for EGS works by Government Resolution, dated 18-3-1983 are not fixed as per the provisions in section 7(2)(vii) of the Act and, therefore, the said rates fixed by the Government Resolution, dated 22-4-1981 should be uniformly increased by at least 50% in view of the increase by 50% in the minimum wage for agri






















































































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