ARREST ENHANCED MINIMUM WAGES
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _________________________
O. A. No: ______ of ____
_____________________Applicants
Versus
______________________Respondents
Application Under Section 19 of the Administrative Tribunals Act, 1985
Respectfully:
- Particulars of the Applicant:
As given in the Memo of Parties.
- Particulars of the Respondents:
As given in the Memo of Parties.
- Impugned Order:
That the applicants are aggrieved by the impugned action of the respondents whereby they are not paying the arrears of enhanced wages to the applicants and withholding the same arbitrarily and illegally.
- Jurisdiction
That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal.
- Limitation:
That the applicant further declares that the application is within the limitation.
- Facts of the Case:
6.1 That the applicants submit that the applicant Nos. 1 to _______ were initially engaged as Daily Waged worker in the respondent-department w.e.f from different dates. _____Some of them have since been regularised. The applicants were working with the respondent-department during the relevant period for which the present claim is being laid down.
6.2 That the respondent state had enhanced the daily wages to Rs. ______ per day wef ______, which rates were equally applicable to all the departments throughout the state and accordingly the instructions were issued by the respective head of departments to their subordinate offices and the subordinate offices further disseminated these instructions to their sub-offices. It is pertinent to submit herewith that the applicants were working with the respondent-department at the time and during the period these wages were enhanced.
6.3 That even some of the daily paid labourers have approached this Hon'ble Tribunal and the Labour court for payment of arrears of duly earned wages and they were granted arrears accordingly by this Hon'ble Tribunal and the Labour Court. This Hon'ble Tribunal has already passed orders in OA No. ______ titled as ______ Vs ______,
GROUNDS
6.4 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others:-
(a) That the impugned action of the respondents is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice.
(b) That the respondent can not discriminate with the applicants in the matter of payment of enhanced wages. The wages are the property of the applicants under Article 300-A of the Constitution of India and the same cannot be withheld except in accordance with law.
(c) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estoppel applies against the respondents.
(d) That the impugned order is against the well-settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.
- Reliefs Sought:
That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:-
(a) Quash the impugned action of the respondents whereby they are not paying the arrears of enhanced wages to the applicants, the impugned action being arbitrary, malafide and illegal;
(b) Direct the respondents to pay to the applicants the arrears of enhanced wages @ Rs. ______ per day wef ______ onwards along with interest @ 18% pa till the date of payment;
(c) Direct the respondents to produce all the relevant documents along with their reply for perusal by this Hon'ble Tribunal;
(d) Allow the cost of this O.A.;
(e) Pass such other order or directions as deemed fit and proper in favour of the applicant.
- Interim Orders, If Prayed:
No interim is prayed for at this moment.
- Details of Remedies Exhausted:
That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal.
- Matter not Pending with any Other Courts Etc:
That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble Tribunal.
- Particulars of Court Fees:
Court fees worth Rs 50/- is attached herewith.
- Details of Index:
An index containing the details of the documents to be relied upon is enclosed herewith.
(Name of Place) Applicant
______ Through, Advocate
Verification:
I, ______, do hereby verify that the contents of the above Interrogatories from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Plaintiff / Defendant
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ________________
O. A. No:______ of _______
______________________Applicants
Versus
______________________Respondents.
Affidavit in support of O.A. under Section 19 of the Administrative Tribunals Act 1985.
I, ______, do hereby solemnly, affirm and declare as under:-
- That the accompanying O.A. has been prepared under my instructions.
- That the contents of paragraphs 1 to 12 of the accompanying application are correct and true to the best of my knowledge.
- That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the ______.
Deponent
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ____________
O. A. No: ______ of ____
______________________Applicants
Versus
______________________Respondents
Index
|
SI No |
Annx |
Particulars of Documents |
Pages |
|
1 |
|
Court Fees |
[I] |
|
2 |
|
Memo of Parties |
1 |
|
3 |
|
OA |
2 |
|
4 |
|
Affidavit |
|
|
5 |
|
MA |
|
|
6 |
|
Affidavit |
|
|
7 |
|
Power of Attorney |
|
(Name of Place) Applicant
______ Through, Advocate
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _________________
MA No. No.______ of ___ in OA No:______ of ____
______________________Applicants
Versus
______________________Respondents
Application Under Rule 4(4)(a) of ___________ Administrative (Procedure) Rules 1986 for permission to file joint application
Respectfully:
- That the Original applicants have filed O. A. in this Hon'ble Tribunal jointly.
- That from perusal of the relief sought by the original applicants, it is evident that all the applicants have a common cause which adversely affects the interests of the present applicants.
- That the interest of justice demands that the present applicants are allowed to file the present OA jointly in the interest of justice.
- It is, therefore, most humbly prayed that the present applicants may kindly be allowed to file the present OA jointly in the interest of justice. Such other orders be also passed as deemed fit and proper in the facts and circumstances of the case.
(Name of Place) Applicants
_______ Through, Advocate
Verification:
I, ______, do hereby verify that the contents of the above Interrogatories from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Plaintiff / Defendant
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL ______________ AT ___________________
M. A. No:______ of ____ in O. A. No:______ of ____
______________________Applicants
Versus
______________________Respondents
Affidavit in support of application under Rule 8 (3) of Administrative Tribunal Rules
I, ______, do hereby solemnly affirm and declare as under:
- That the accompanying application has been prepared under my instructions.
- That the contents of paragraphs 1 to 4 of the accompanying application are correct and true to the best of my knowledge.
- That I further solemnly affirm and declare that this affidavit of mine is correct and true and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the ______.
Deponent
