17-year-old legal ordeal ends

NAGPUR: A timely intervention by forest department counsel has not only saved crores of rupees for the department but also brought to an end to 17-year-old legal battle, thus bringing respite to it. Interestingly, the verdict has also gone against the forest department as they failed to file a reply for well over 14 years. A division bench of Bombay High Court comprising justices D K Deshmukh and V M Kanade has dismissed the petition filed by Thane-based Maharashtra Rajya Van Shramik Mahasangh and Dhule Zilla Van Shramik Kamgar Sangh on behalf of labourers of regular forest department, Forest Development Corporation of Maharashtra (FDCM) and Social Forestry Department. The state government and forest department were respondents. The petitioners'contention was that the respondents can't discriminate regular forest and other workers engaged under Employment Guarantee Scheme (EGS) and other schemes. They argued that treating forest department labourers under EGS and paying them lesser wages is "totally unjustified". The petitioners also challenged fixation of different wages under EGS in different districts. They also alleged that government wanted to reduce wages by using EGS which is "malafide". They claimed full wages as per Minimum Wages Act, 1948. The petitioners prayed for restoration of minimum wages to all employees, coming under EGS. The amount would run into crores. Since filing of the petition in 1989, it was hanging in balance for at least 14 years, as department failed to submit a reply. Finally, it was decided in petitioner's favour on November 18, 2003. It was only through efforts of special counsel for the forest department M P Badar who filed a review application in the high court on the grounds that the forest department denied the allegation made by the petitioners. However, the review application was dismissed. Advocate Badar again filed a special leave petition before the Supreme Court which was admitted. The apex court's division bench during hearing of the case imposed a fine of Rs 2 lakhs and referred the matter again to the high court. The matter was finally heard by HC on February 25 and 26 this year and after hearing arguments from both sides, dismissed the petition, thus bringing to an end to over decade and half-year-old prolonged battle. Advocate Badar was assisted by government pleader Vinay Masurkar and advocate Dhiraj Baghel during the petition. vaibhav.ganjapure@timesgroup.com
Times of India; 3 Mar 2008, 0242 hrs IST , Vaibhav Ganjapure , TNN