Equal pay for equal work applicable to temporary staffers: Supreme Court
8 years, 4 months ago

Equal pay for equal work applicable to temporary staffers: Supreme Court

Firstpost  

Supreme Court has said that the principle of “equal pay for equal work” has to be made applicable to those engaged as daily wagers, casual and contractual employees who perform the same duties as the regulars New Delhi: In a significant verdict, the Supreme Court has held that the principle of “equal pay for equal work” has to be made applicable to those engaged as daily wagers, casual and contractual employees who perform the same duties as the regulars. Terming the denial of equal pay for equal work as “exploitative enslavement”, “oppressive, suppresive” and “coercive”, the apex court said that in a welfare state, the principle has to be extended to temporary employees as well. It said in view of different constitutional provisions and the law declared by the Court under Article 141 of the Constitution, 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”. The verdict came as some temporary employees of Punjab government 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 the reason that activities carried on by them and the regular employees were similar.

Supreme Court Pay Temporary Equal Pay Daily Wagers Equal Work Regular Employees Temporary Employees  regular  employees  equal  work  duties  principle  temporary  pay  applicable  staffers  engaged  supreme  court

History of this topic

Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court
10 months, 2 weeks ago

Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court

Live Law  

The Gujarat High Court single bench of Justice Nikhil S. Kariel held that in accordance with Section 25B of the Industrial Disputes Act, daily-wage workmen who have completed a specific tenure are entitled to permanency. Observations by the High Court: The High Court referred to the case of State of Gujarat vs PWD and Forest and Employees' Union, where the …

Anti- Discrimination In Labour Laws
11 months, 1 week ago

Anti- Discrimination In Labour Laws

Live Law  

Anti-discrimination laws in the realm of labour encompass legal provisions designed to prevent and proscribe discriminatory practises targeting employees or individuals specifically on the grounds of certain protected attributes. Conundrum Related To Equal Pay Equal Work In India, the issue of persistence of gender discrimination in India can be attributed to deeply ingrained social perceptions about women and the pervasive …

When Raising Plea Of "Equal Pay For Equal Work" Onus Falls Upon Employee To Prove Substantial Similarity In Nature Of Work: J&K High Court
11 months, 3 weeks ago

When Raising Plea Of "Equal Pay For Equal Work" Onus Falls Upon Employee To Prove Substantial Similarity In Nature Of Work: J&K High Court

Live Law  

While reaffirming the fundamental principle of "equal pay for equal work" enshrined under Article 16 read with Article 14 and 39 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has ruled that the onus falls upon the employee seeking parity under the "equal pay for equal work" principle to prove substantial similarity in the nature …

Different Pay Scale For Seemingly Similar Posts Justifiable If There Is A Reasonable Classification : Supreme Court
2 years ago

Different Pay Scale For Seemingly Similar Posts Justifiable If There Is A Reasonable Classification : Supreme Court

Live Law  

The Supreme Court has observed that Pay Commissions may be justified in recommending different pay scales for seemingly similar posts and if the State accepts such differentiation based on a reasonable classification, then the Courts will not interfere.The doctrine of "equal pay for equal work" will not strictly apply in such cases. "It may be true that the nature of …

Article 14 | Temporary Employee Can Be Directed To Be Paid Wages Equal To Lowest Grade Regular Employee Discharging Same Duties: Punjab & Haryana HC
2 years, 3 months ago

Article 14 | Temporary Employee Can Be Directed To Be Paid Wages Equal To Lowest Grade Regular Employee Discharging Same Duties: Punjab & Haryana HC

Live Law  

Punjab and Haryana High Court recently reiterated that apart from the claim of "equal pay for equal work" under Article 39 of the Constitution of India, the concept of equality will also apply to temporary employees and they can be directed to be paid wages equal to the salary at the lowest grade of a regular employee, discharging the same …

"Equal Pay For Equal Work" Not A Fundamental Right Vested In Any Employee, Though A Constitutional Goal To Be Achieved By Govt: Supreme Court
3 years, 1 month ago

"Equal Pay For Equal Work" Not A Fundamental Right Vested In Any Employee, Though A Constitutional Goal To Be Achieved By Govt: Supreme Court

Live Law  

"Equal pay for equal work" is not a fundamental right vested in any employee, though it is a constitutional goal to be achieved by the Government, the Supreme Court remarked in a judgment delivered on Thursday The bench comprising Justices DY Chandrachud and Bela M. Trivedi observed that the equation of post and determination of pay scales is the primary …

'Equal pay for equal work not fundamental right': Bombay HC, dismisses plea
3 years, 7 months ago

'Equal pay for equal work not fundamental right': Bombay HC, dismisses plea

India Today  

A Nagpur bench of Bombay high court Justice Sunil B Sukhre and Justice Rohit B Deo said "'Equal Pay For Equal Work' is not a fundamental right but a constitutional goal" while deliberating on a seminal issue of whether the Minimum Competency Vocational Course instructors are justified in claiming pay scale at par with the full-time teachers in MCVC. The …

"Equal Pay For Equal Work" Has Assumed Status Of Fundamental Right In Service Jurisprudence: Jharkhand HC [Read Judgment]
4 years, 4 months ago

"Equal Pay For Equal Work" Has Assumed Status Of Fundamental Right In Service Jurisprudence: Jharkhand HC [Read Judgment]

Live Law  

"Equal pay for equal work" has assumed the status of fundamental right in service jurisprudence, the Jharkhand High Court has observed.The Court was considering a petition filed by a management for quashing the Award passed by Central Government Industrial Tribunal directing it for regularization in service of a workman. "Equal pay for equal work" has assumed the status of fundamental …

Contractual Part Time School Teachers Are Entitled To 'Equal Pay For Equal Work': Calcutta HC [Read Judgment]
5 years, 8 months ago

Contractual Part Time School Teachers Are Entitled To 'Equal Pay For Equal Work': Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court recently directed the West Bengal government to give salaries and benefits to part-time school teachers at par with full-time permanent employees due to the fact they had the same workload as their full-time counterparts, in view of Article 16 of the Constitution of India. Justice Moushumi Bhattacharya was hearing petitions filed by contractual part-time teachers seeking …

Minimum Wages Act: Categorization Of Unskilled Employees As Semi-Skilled And Semi-Skilled As Skilled On The Basis Of Their Experience Is Ultra Vires: SC [Read Judgment]
5 years, 10 months ago

Minimum Wages Act: Categorization Of Unskilled Employees As Semi-Skilled And Semi-Skilled As Skilled On The Basis Of Their Experience Is Ultra Vires: SC [Read Judgment]

Live Law  

The Supreme Court has held that the categorization of unskilled employees as semiskilled and semi-skilled as skilled on the basis of their experience in the notification issued for fixing/revising the minimum rates of wages is beyond jurisdiction of Government. In the notification issued under Section 5 of the Minimum Wages Act, the labour department of Haryana provides for following categorization: …

Daily Wagers Entitled To Minimum Wages Applicable To Regular Employees Holding The Same Post, Reiterates SC [Read Judgment]
6 years, 4 months ago

Daily Wagers Entitled To Minimum Wages Applicable To Regular Employees Holding The Same Post, Reiterates SC [Read Judgment]

Live Law  

‘The Appellants are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts.’The Supreme Court on Wednesday reiterated that temporary employees are entitled to draw wages at the minimum of the pay scales which are applicable to the regular employees holding the same post.The bench allowed appeals filed by daily rated …

End of wage disparities?
8 years, 3 months ago

End of wage disparities?

The Hindu  

ONE worrisome and persistent phenomenon in the labour market has been the growing tendency of employers to keep a significant proportion of their workforce, especially the blue-collar sections, in temporary forms of employment. On October 26, in a landmark judgment, setting aside a clutch of appeals and adjudicating on the principle of “equal pay for equal work”, a two-judge bench …

Equal Pay For Equal Work For Temporary Workers: A Note On Jagjit Singh Judgment
8 years, 4 months ago

Equal Pay For Equal Work For Temporary Workers: A Note On Jagjit Singh Judgment

Live Law  

Judgement delivered by the Supreme Court in the case of State of Punjab and others V/s Jagjit Singh and others in civil appeal no. If one is to analyse the judgement in my mind two issues arises which are as under; The appointment of Ad hoc and Casual employees or Contractual Employees,who wants to get the benefit of a regular …

'Equal Pay For Equal Work' For Temporary Employees As Well: SC [Read Judgment]
8 years, 4 months ago

'Equal Pay For Equal Work' For Temporary Employees As Well: SC [Read Judgment]

Live Law  

The Supreme Court, in State of Punjab vs. Jagjit Singh has held that temporary employees would be entitled to draw wages at the minimum of the pay-scale, extended to regular employees, holding the same post.Justice Jagdish Singh Khehar and Justice S.A. Bobde held that the principle of ‘equal pay for equal work’ would be applicable to all. The reference post, …

'Equal Pay For Equal Work' For Temporary Employees As Well: SC [Read Judgment]
8 years, 4 months ago

'Equal Pay For Equal Work' For Temporary Employees As Well: SC [Read Judgment]

Live Law  

The Supreme Court, in State of Punjab vs. Jagjit Singh has held that temporary employees would be entitled to draw wages at the minimum of the pay-scale, extended to regular employees, holding the same post.Justice Jagdish Singh Khehar and Justice S.A. Bobde held that the principle of ‘equal pay for equal work’ would be applicable to all. The reference post, …

Discover Related