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Chhattisgarh High Court · body

2018 DIGILAW 452 (CHH)

Ramkumari W/o Jagkaran v. Union of India Through The Secretary Ministry of Human Resources Development, Education Department, Mid Day Meal Scheme, Shastri Bhawan, New Delhi

2018-07-27

SHARAD KUMAR GUPTA

body2018
ORDER : 1. Learned Counsel for the Petitioners submits that the Petitioners are working on the post of Cook in different Government Schools at Block Lundra, District Surguja and they are being paid only Rs.1200/- per month i.e. Rs.40/- per day, whereas according to the notification Annexure P-2, minimum wages prescribed by the Chhattisgarh Minimum Wage, they are entitled for Rs.255/- per day as they are skilled labourers. 2. Learned Counsel for the Petitioners relies upon the judgment of the Supreme Court in the matter of State of Punjab & Ors. v. Jagjit Singh & Ors., decided on 26th October, 2016, in which the Supreme Court has held that the principle of equal pay for equal work will also be applicable to all the temporary employees and has held as under :- “54. There is no room for any doubt, that the principle of ‘equal pay for equal work’ has emerged from an interpretation of different provisions of the Constitution. The principle has been expounded through a large number of judgments rendered by this Court, and constitutes law declared by this Court. The same is binding on all the courts in India, under Article 141 of the Constitution of India. The parameters of the principle, have been summarized by us in paragraph 42 hereinabove. The principle of ‘equal pay for equal work’ has also been extended to temporary employees (differently described as work-charge, daily-wage, casual, ad-hoc, contractual, and the like). The legal position, relating to temporary employees, has been summarized by us, in paragraph 44 hereinabove. The above legal position which has been repeatedly declared, is being reiterated by us, yet again.” 3. Learned Counsel for the Petitioners and learned Deputy Advocate General further agreed that the issue involved in the present case is squarely covered by the order of this Court in Writ Petition (S) No. 2152 of 2018 decided on 08.03.2018. The present Writ Petition may be disposed off in accordance with aforesaid order dated 08.03.2018. 4. In view of above, Respondent No.2 is directed to consider the representation of the Petitioners in the light of aforesaid judgment of the Supreme Court, within 30 days from the date of receipt of certified copy of this order and pass a reasoned order in accordance with law on its own merit. 5. The Petitioners are at liberty to make additional representation, if any. 6. 5. The Petitioners are at liberty to make additional representation, if any. 6. With the aforesaid direction, the present Writ Petition stands finally disposed of.