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 duties. The concept of equality is also to be made applicable on the issue of pay parity and thus, by applying Article 14 of the Constitution of India even a temporary employee, de hors the manner of selection and appointment can be directed to be paid wages equal to the salary at the lowest grade of a regular employee, discharging the same duties. Facts of the case are that respondent No.2 invoked jurisdiction of Education Tribunal praying for relief of regularization of her services and for grant of regular pay scale for the post of Lab Attendant. While the relief of regularization was declined, the Tribunal held respondent No.2 to be entitled for minimum pay scale of regularly appointed Lab Attendant.

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History of this topic

Disabled During Service, Employee Entitled To Continued Salary, Benefits & Supernumerary Post, Along With Interests : Punjab & Haryana High Court
1 month, 1 week ago

Disabled During Service, Employee Entitled To Continued Salary, Benefits & Supernumerary Post, Along With Interests : Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court bench comprising of Justice Aman Chaudhary held that employees who acquire disability during service are entitled to continued salary, benefits, and a supernumerary post along with interest on withheld dues. The letter also included that as per instructions mentioned in letter No.18017/1/2014-Estt dated 25.02.2015, New Delhi of Government of India, Ministry of Personnel, Public …

Rajasthan High Court Slams State's 'Callous Attitude' Towards Employee Who Wasn't Paid For 1.5 Yrs Despite Continuous Service
2 months ago

Rajasthan High Court Slams State's 'Callous Attitude' Towards Employee Who Wasn't Paid For 1.5 Yrs Despite Continuous Service

Live Law  

The Jodhpur bench of Rajasthan High Court directed the State not to pay salary of Principal Secretary–health department, Principal Secretary–Medical Education Department and Principal & Controller of Rajmata Vijaya Raje Scindia Medical College in case the dues of college's employee pending since April 2023, are not cleared by next month. To resolve this dispute of appropriate authority, the Court had …

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court
2 months, 3 weeks ago

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court

Live Law  

A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal held that the employee is entitled to the payment of annual grade increments as well as arrears of last drawn salary during the suspension period. But later on RFC issued a separate order dated 28.08.2015 denying the payment of annual grade increments as well as arrears …

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas
2 months, 3 weeks ago

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas

Live Law  

The Punjab & Haryana High Court imposed a cost of Rs.5 lakh on litigant who repeatedly abused the process of court by filing successive pleas and suppressed “crucial fact.” The plea was filed challenging the resumption order of a land which was allotted to the petitioner subject to certain conditions. A bench of Justice Arun Palli and Justice Vikram Aggarwal …

Appeal Cannot Be Dismissed As Not Maintainable On Account Of Non-Payment Of Requisite Fee: Punjab and Haryana High Court
3 months, 1 week ago

Appeal Cannot Be Dismissed As Not Maintainable On Account Of Non-Payment Of Requisite Fee: Punjab and Haryana High Court

Live Law  

The Punjab and Haryana High Court stated that appeal cannot be dismissed as not maintainable on account of non-payment of requisite fee. The Division Bench consisting of Justices Sanjeev Prakash Sharma and Sanjay Vashisth was considering a case where the Appellate Authority dismissed the appeal as not maintainable on the ground that the assessee/petitioner had failed to pay Rs. The …

High Court Imposes ₹3 Lakh Cost On Haryana Staff Selection Commission For Unjustly Rejecting Woman In Physical Test For Constable Post
4 months ago

High Court Imposes ₹3 Lakh Cost On Haryana Staff Selection Commission For Unjustly Rejecting Woman In Physical Test For Constable Post

Live Law  

The Punjab & Haryana High Court imposed a cost of Rs 3 Lakh on Haryana Staff Selection Commission for unjustly denying a woman candidate for the post of Constable.After qualifying the recruitment exam, the candidate was disqualified in physical test because the height was not properly measured and thereafter her claim was unjustly rejected by the Commission "on one pretext …

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him
5 months, 3 weeks ago

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him

Live Law  

Granting relief to a government school teacher, the Jaipur bench of the Rajasthan High Court set aside an order of censure passed against him over the result of Class 8 Board Examination in the concerned school being below the standard set by Department of Education. Referring to decisions of the high court on the issue, a single judge bench of …

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests
8 months, 3 weeks ago

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests

Live Law  

The Supreme Court on Monday dismissed a petition filed by the Haryana Staff Selection Commission against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing …

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court
9 months, 3 weeks ago

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Sanjay Vashisth held that in the absence of any material in the shape of the affidavit, showing the need for the transfer of the workman from the original place to a new place, it cannot be termed that the decision taken by the Management is fair one and beyond any doubt. …

HC orders continuation of secretariat pay for staff of 3 varsities
10 months ago

HC orders continuation of secretariat pay for staff of 3 varsities

Hindustan Times  

The Punjab and Haryana high court has quashed the Punjab government’s instructions of 2019, whereby two universities in the state, along with Panjab University, Chandigarh, were told to discontinue secretariat pay. The court recorded that a conscious decision was taken by the university to treat its employees at par with that of Punjab civil secretariat employees. It observed that for …

Himachal Pradesh High Court Orders Attachment Of State Education Secretary's Salary For Non-Compliance Of 2020 Order
1 year, 7 months ago

Himachal Pradesh High Court Orders Attachment Of State Education Secretary's Salary For Non-Compliance Of 2020 Order

Live Law  

The Himachal Pradesh High Court has ordered the attachment of the salary of State's Education Secretary for failure to implement an order passed back in January 2020. The direction was passed while hearing an execution petition filed by one Neel Kamal Singh, who superannuated from a privately run educational institution that was taken over by the state government. The court …

Employee Can't Challenge Departmental Enquiry Findings 'On Grounds Of Adequacy Or Reliability' Under Article 226: Delhi High Court
2 years, 1 month ago

Employee Can't Challenge Departmental Enquiry Findings 'On Grounds Of Adequacy Or Reliability' Under Article 226: Delhi High Court

Live Law  

The Delhi High Court has said that findings of departmental authorities in disciplinary proceedings cannot be challenged by the employee under Article 226 of the Constitution of India, on the grounds of adequacy or reliability. The court was dealing with a writ petition filed by a bank employee, who was dismissed from service in 1995 for misconduct and fraud after …

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]
2 years, 2 months ago

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. NEET-PG| Service In Specialized Units Doesn't Amount To Serving In Rural/ Difficult Area To Qualify For 40% In-Service Quota Case Title: Tania Mukherjee & Ors v. State of West Bengal & Ors Case Citation: 2022 LiveLaw 36 The Calcutta High Court observed that service …

Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court
2 years, 8 months ago

Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court

Live Law  

The High Court of Jammu & Kashmir and Ladakh on Thursday ruled that an employer cannot impose such conditions of employment which have the effect of taking away the right of its employees to seek judicial review of the actions of the employer. The court passed the observations in two petitions filed by the casual labourers challenging the order of …

Calcutta HC Dismisses Education Minister’s Daughter's Job, Asks Her To Return Salary
2 years, 9 months ago

Calcutta HC Dismisses Education Minister’s Daughter's Job, Asks Her To Return Salary

ABP News  

New Delhi: Dismissing the employment of West Bengal Minister of State for Education Paresh Chandra Adhikari’s daughter Ankita in a government-aided school, the Calcutta High Court on Friday asked her to return the salary that she had drawn during her 41-month tenure as a teacher, PTI reported. The single bench of Justice Avijit Gangopadhyay directed Adhikari’s daughter to deposit the …

Departmental Proceedings Are Necessary Even For Termination Of Temporary Employee: Madras High Court
2 years, 10 months ago

Departmental Proceedings Are Necessary Even For Termination Of Temporary Employee: Madras High Court

Live Law  

The Madras High Court recently observed that the employer shall follow the procedures in departmental proceedings including framing of charge, giving an opportunity to the employee, conducting a disciplinary enquiry and thereafter deciding the issue even with respect to temporary employees. He then filed a writ petition where the High Court directed the Registrar to consider the petitioner's representation and …

Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court
3 years ago

Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court

Live Law  

"It is held that the workmen can proceed under Section 33C of the I.D.Act only after the Tribunal has adjudicated on a complaint under section 33A or on a reference under section 10 of the I.D. The Labour Court, subsequently, awarded INR 1,29,034 as differential amount of wages under Section 33C. Judgement The Bench identified the primary issue worth consideration …

Haryana's 75% job quota for locals to stay, Supreme Court stays aside Punjab & Haryana HC order
3 years, 1 month ago

Haryana's 75% job quota for locals to stay, Supreme Court stays aside Punjab & Haryana HC order

India TV News  

Highlights Supreme Court sets aside Punjab & Haryana HC order on quota in pvt sector jobs for Haryana residents SC bench also directed the Haryana government not to take coercive action against employers Solicitor General Tushar Mehta appeared for the Haryana government Haryana job reservation: The Supreme Court on Thursday set aside a Punjab and Haryana High Court order staying …

"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 …

To Claim Remuneration For Work Discharged, One Has To Merely Establish Due Discharge Of Duties', MPHC Reprimands State Functionaries For Being Guilty Of Exploitation Of Labour/Begar [Read Order]
4 years, 6 months ago

To Claim Remuneration For Work Discharged, One Has To Merely Establish Due Discharge Of Duties', MPHC Reprimands State Functionaries For Being Guilty Of Exploitation Of Labour/Begar [Read Order]

Live Law  

While making an important observation regarding the claim of remuneration for the discharge of the duty by an employee, the Madhya Pradesh High Court on Friday said, "For the purpose of enforcing a right to claim remuneration for the work discharged, the employee need not establish the legality of his appointment or continuance in service but has to merely establish …

Rajasthan HC Directs State Govt. To Take Steps To Revise The Wages In Accordance With SC Judgment [Read Judgment]
4 years, 6 months ago

Rajasthan HC Directs State Govt. To Take Steps To Revise The Wages In Accordance With SC Judgment [Read Judgment]

Live Law  

The Rajasthan High Court has declared that non revision of the wages payable to the prisoners for last five years is ex facie violative of the provisions of Rule 31 of the Rajasthan Prison Rules, 1951 and amounts to defiance of directions issued by the Supreme Court. The Bench has directed that the State Government to constitute a committee for …

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 …

Regularisation of contractual employees: Haryana does a flip-flop,rescinds order to withhold benefits
6 years, 7 months ago

Regularisation of contractual employees: Haryana does a flip-flop,rescinds order to withhold benefits

Hindustan Times  

Fearing a backlash, the Manohar Lal Khattar government on Sunday made a flip flop by rescinding an order issued two days ago to withhold certain benefits of contractual employees whose services were regularised by the previous Congress government but set aside by the Punjab and Haryana high court on May 31. Quashing the regularisation policies for Class 2, 3 and …

Delhi HC Notice To Kejriwal Govt On Petition For Statutory Minimum Wages [Read Petition]
7 years, 8 months ago

Delhi HC Notice To Kejriwal Govt On Petition For Statutory Minimum Wages [Read Petition]

Live Law  

The Delhi High Court on Wednesday sought to know the stand of Arvind Kejriwal led- AAP government on a petition seeking enforcement of statutory minimum wages.A bench headed by Acting Chief Justice Gita Mittal issued notice to the Delhi government on a PIL filed by NGO Social Jurist through advocate and social activist Ashok Agarwal seeking enforcement of current statutory …

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 …

HC employees’ pay revision demands ‘reasonable’ and ‘justified’: Calcutta HC [Read Judgment]
8 years, 8 months ago

HC employees’ pay revision demands ‘reasonable’ and ‘justified’: Calcutta HC [Read Judgment]

Live Law  

A vibrant judiciary can only perform to its optimum level if the employees who assist in the administration of justice are not dissatisfied, the Bench said.Calcutta High Court has observed that the demands of High Court employees seeking implementation of recommendations of the Special Pay Commission, is ‘reasonable’ and ‘justified’.The Division Bench of Calcutta High Court dismissed. Calcutta High Court …

HC employees’ pay revision demands ‘reasonable’ and ‘justified’: Calcutta HC [Read Judgment]
8 years, 8 months ago

HC employees’ pay revision demands ‘reasonable’ and ‘justified’: Calcutta HC [Read Judgment]

Live Law  

A vibrant judiciary can only perform to its optimum level if the employees who assist in the administration of justice are not dissatisfied, the Bench said.Calcutta High Court has observed that the demands of High Court employees seeking implementation of recommendations of the Special Pay Commission, is ‘reasonable’ and ‘justified’.The Division Bench of Calcutta High Court dismissed. Calcutta High Court …

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