IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10189 of 2006 SHASHIKANT KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 22.11.2010 Petitioner was engaged as a menial who operated generator in the sub-jail of Jehanabad. He was being paid a sum of Rs. 61/- per day as the engagement was on daily basis. This writ application has now been filed stating that the petitioner was appointed as an electrician-cum-generator operator and for which the minimum basic wage being fixed under the Minimum wages Act is Rs. 79/- or 82/-. A direction therefore should be given to pay the difference in the wages paid to the petitioner. The stand of the State is that the engagement of the petitioner was as per the agreement and he is not a qualified electrician on which post he has been appointed. The nature of the work offered to him and taken by the respondent has already been compensated by payment of Rs. 61/- which was agreed upon. The present writ application has been basically filed on misleading facts to beget benefit of couple of more rupees to which the petitioner is not entitled. There has been no discrimination in giving payment on the post and the nature of work which the petitioner was engaged in daily wages. It is misplaced kind of writ application in view of the above quoted materials. Even otherwise the petitioner has other remedy under the law and not by the writ application under - 2 - Article 226 of the Constitution of India. This writ application stands dismissed. RPS (Ajay Kumar Tripathi,J.)