HIGHLIGHTS
SC said contractual employees are entitled to wages at par with permanent employee
- Principle
of ‘equal pay for equal work’ must be followed, SC said
- Undoubtedly,
the action pf paying lesser wage is oppressive, the bench said
NEW DELHI: 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.
"Any act, of paying less wages,
as compared to others similarly situate, constitutes an act of exploitative
enslavement, emerging out of a domineering position. Undoubtedly, the action is
oppressive, suppressive and coercive, as it compels involuntary
subjugation," he said.
The court passed the verdict on a
bunch of petition filed by tempoary employee working for state of Punjab
seeking wage parity with regular employee. They approached the apex court after
Punjab and Haryana High Court held that temporary employees were not entitled
to the minimum of the regular pay-scale, merely for reason, that the activities
carried on by them and the regular employees were similar.
Setting aside the HC order, the apex
court held that the principle of equal pay for equal work must be followed in
the country as India was a signatory of International Covenant on Economic,
Social and Cultural Rights.
"There can be no doubt, that
the principle of equal pay for equal work would be applicable to all the
concerned temporary employees, so as to vest in them the right to claim wages,
at par with the minimum of the pay-scale of regularly engaged government
employees, holding the same post,"it said.
"India is a signatory to the
covenant, having ratified the same on April 10, 1979. There is no escape from
the above obligation, in view of different provisions of the Constitution and
in view of the law declared by this court under Article 141 of the Constitution
of India, the principle of 'equal pay for equal work' constitutes a clear and
unambiguous right and is vested in every employee - whether engaged on regular
or temporary basis,"it said.
Read at: Times of India
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