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About SC judgement Temporary employee to be paid as par regular worker
28-Oct-2023 (In Labour & Service Law)
R/sir, I am working as jr clerk in Pvt aided school in nagpur, I am appointed on probation period for 3 years, where contructual wages paid is Rs.2000/- per month by Government of Maharashtra. Recently I heard a news about SC judgement on temporary employee to be paid at par with regular worker ( Dt. 26 10 2016 Civil Appeal No.213 of 2013 State of Punjab and Ors. Vs. Jagjit Singh and Ors.) As I am in state of Maharashtra the school grant n salries are provided by government of Maharashtra. 1) Does this SC judgement make us eligible to get same salary as permanent employee gets. 2) If yes does it have any provsion to get us the salary from date of appointment. 3) Does SC has given any direction to the all other state including maharashtra state to implement the above rule. Thanking you for your Valueable Time.
In a big relief to lakhs temporary employee who have been hired by government departments and agencies across the country on contractual basis, the Supreme Court on Wednesday held that they are entitled to wages at par with permanent employees and principle of 'equal pay for equal work' must be followed.
A bench of Justices JS Khehar and SA Bobde said the principle of 'equal pay for equal work' constitutes a clear and unambiguous right vested in every employee whether engaged on regular or temporary basis.
"In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity," the bench said.
The bench said the principle had been expounded through a large number of judgments rendered by the apex court and and constitutes law declared by the Supreme Court.
"Any one, who is compelled to work at a lesser wage, does not do so voluntarily. He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his integrity. For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage," Justice Khehar, who wrote the judgement, said.
A bench of Justices JS Khehar and SA Bobde said the principle of 'equal pay for equal work' constitutes a clear and unambiguous right vested in every employee whether engaged on regular or temporary basis.
"In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity," the bench said.
The bench said the principle had been expounded through a large number of judgments rendered by the apex court and and constitutes law declared by the Supreme Court.
"Any one, who is compelled to work at a lesser wage, does not do so voluntarily. He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his integrity. For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage," Justice Khehar, who wrote the judgement, said.
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