Macheri Mongkhia W/o Bamang Loram v. State of A. P.
2025-06-11
KARDAK ETE
body2025
DigiLaw.ai
JUDGMENT : KARDAK ETE, J. 1. Heard Mr. S. Koyang, learned counsel for the petitioners. Also heard Mr. S. Tapin, learned Senior Government Advocate for the State respondents and Mr. L. Perme, learned Standing Counsel, Power Department. 2. As the issues involved in these two writ petitions are similar, same are heard analogously and disposed of by this common judgment and order. 3. Seeking to invoke the principle of “equal pay for equal work”, these writ petitions are filed by the petitioners for a direction to the respondent authorities to pay salary/wages and other service benefits equal to the salary of regular employees of the same cadre. 4. In WP(C) No. 589/(AP)2024, the petitioners, 45 (Forty-Five) in numbers, are working as casual labourers in different posts, namely, Operator, Lineman, Peon, Wireman, Metre Reader, Driver, Handleman, Electrician etc. under Executive Engineer, Seppa Electrical Division, East Kameng District, Arunachal Pradesh. The petitioners have been engaged as casual labourers ranging from the year 1988 to 2024 and are continuously serving in Seppa Electrical Division, under the Department of Power, Government of Arunachal Pradesh. 5. In WP(C) No. 590(AP)2024, the petitioners, 73 (Seven Three) in numbers, are working as casual labourers in different posts, namely, Fitter, Chowkidar, Peon, Mate, Mason, WI, Carpenter, Driver, Mazdoor, Revenue Collector, Revenue Attendant, Mali, Computer Operator etc. under the Executive Engineer, PHE & WS Division, Seppa, East Kameng District, Arunachal Pradesh. The petitioners have been engaged as casual labourers ranging from the year 1986 to 2023 and are continuously serving in the Department of PHE & WS Division, Seppa. 6. It is contended that some of the petitioners have been working as causal labourers since last 30 (Thirty) years. The initial monthly salary of casual labourer is Rs. 12000/- per month, which is not sufficient to maintain their family members. They are facing hardship and are not able to afford the expenses of their children’s education, to provide food and cloth to their family members and to pay monthly house rent and other bills for basic amenities like electricity and water with their meagre salary. The regular employees are provided regular pay scale with all other benefits. The petitioners claim that they are also working with same duties and equal responsibilities in the Departments. 7. Mr. S. Koyang, learned counsel for the petitioners submits that the petitioners are engaged in the same work with similar duties and responsibilities.
The regular employees are provided regular pay scale with all other benefits. The petitioners claim that they are also working with same duties and equal responsibilities in the Departments. 7. Mr. S. Koyang, learned counsel for the petitioners submits that the petitioners are engaged in the same work with similar duties and responsibilities. However, they are being paid a meagre monthly wage, which is discriminatory in nature and as such, is in violation of Article 14 and 16 of the Constitution of India. He submits that the causal employees like the petitioners are entitled for equal pay and allowances, with the pay and allowances of regular employee on the basis of principle of “equal pay for equal work”. 8. Mr. Koyang, learned counsel for the petitioners by placing reliance on the judgment of the Hon’ble Supreme Court in the case of Secretary, State of Karnataka and Ors. vs. Umadevi and Ors. , (2006) 4 SCC 1 and State of Punjab Vs. Jagjit Singh, (2017) 1 SCC 148 , submits that the daily wage earners/causal workers are entitled for payment of wages equal to the salary at the lowest grade of employee of their cadre. He submits that even the temporary employees would be entitled to draw wages at the minimum of pay scale at the lowest grade in the regular pay scale extended to the regular employees holding the same post. Therefore, he submits that the petitioners are also entitled to salary equivalent to the salary of regular employees holding the same post and as such, the respondent authorities may be directed to grant monthly wages at the minimum of pay scale at the lowest grade in regular pay scale extended to the regular employees holding the same post. 9. Mr. S. Tapin, learned Senior Government Advocate and Mr. L. Perme, learned Standing Counsel for the Power Department, have jointly submitted that the quality, quantity and responsibilities of work between the petitioners and the WC Staff/regular employees are quite distinct and different, therefore, the petitioners are not entitled to the monthly salary at the minimum of pay scale at the lowest grade in regular pay scale extended to the regular employees holding the same post.
However, the minimum wages of the casual labourers are regularly revised by the State Government from time to time in addition to the benefits provided under welfare schemes for the causal labourer under Arunachal Pradesh Building and Other Construction Workers Board by the State Government. 10. The learned counsels for the respondents by referring to the order, dated 19.03.2025, issued by the Commissioner (Finance), Government of Arunachal Pradesh, submits that very recently the State Government has enhanced the minimum rates of wages in respect of various categories of un-skilled and skilled contingent employees/ casual workers/Labourers/ALCs under the Government of Arunachal Pradesh w.e.f. 01.04.2025. For the unskilled who is serving from 0-5 years, it has been revised from existing Rs. 12,000/- per month to Rs. 18,000/- per month and for skilled, it has been revised from Rs. 13,000/- to Rs. 19,000/- per month. For the unskilled who is serving from 5-10 years, it has been revised from Rs. 13,000/- per month to Rs. 19,000/- per month and for skilled, it has been revised from Rs. 14,000/- to Rs. 20,000/- per month. For the unskilled who is serving from 10-15 years, it has been revised from Rs. 14,000/- per month to Rs. 20,000/- per month and for skilled, it has been revised from Rs. 15,000/- to Rs. 21,000/- per month. For the unskilled who is serving from 15-20 years, it has been revised from Rs. 15,000/- per month to Rs. 21,000/- per month and for skilled, it has been revised from Rs. 16,000/- to Rs. 22,000/- per month. For the unskilled who is serving from 20-25 years, it has been revised from Rs. 18,000/- per month to Rs. 24,000/- per month and for skilled, it has been revised from Rs. 19,000/- to Rs. 25,000/- per month. For the unskilled who is serving above 25 years, it has been revised to Rs. 30,000/- per month and for skilled, it has been revised to Rs. 31,000/- per month. Therefore, it is submitted that the petitioners are in fact, provided with higher monthly wages than to the minimum scale of pay provided to the regular employees of the same grade. 11. Due consideration has been extended to the submission of the learned counsels for the parties and also perused the materials available on record. 12.
31,000/- per month. Therefore, it is submitted that the petitioners are in fact, provided with higher monthly wages than to the minimum scale of pay provided to the regular employees of the same grade. 11. Due consideration has been extended to the submission of the learned counsels for the parties and also perused the materials available on record. 12. As projected, the petitioners are working as causal labourers, who have been appointed ranging from the year 1986-2024, in the Department of Power and PHE & WS, particularly, under the Executive Engineer, Seppa Electrical Division and the Executive Engineer, PHE & WS Division, Seppa, East Kameng District. The initial monthly wages of the petitioners is @ Rs. 12,000/ per month. It is noticed that the monthly wages of the causal labourers and contingent employees are revised and enhanced from time to time by the Government of Arunachal Pradesh. It is also noticed that the casual labourers in the State are also provided with the benefits under the welfare schemes. 13. The General Arunachal Service, Group-C (Ministerial) Multi-Tasking Staff (Duftry/Peon/Chowkidar/Mali/Barbar/Cook/Washer man/ Cobbler and equivalent posts) Common Recruitment Rules, 2019, provides the pay scale of the said post as Rs. 18,000-56900/, which shows that the minimum pay scale of the lowest grade in the regular pay scale extended to the regular employees holding the same post with that of the petitioners is Rs. 18000/-. 14. As noted above, the State of Arunachal Pradesh revised and enhanced the monthly wages of the causal workers/labourers from time to time, recent being the order dated 19.03.2025, issued by the Commissioner (Finance), Government of Arunachal Pradesh. The said order is reproduced hereinbelow: ORDER : 1. In supersession of earlier order No. Est-II-20015/211/2023-Estt-II-FPID/119 dated Itanagar, the 13 th December, 2023, the Governor of Arunachal Pradesh is pleased to order enhancement of the minimum rates of wages in respect of various categories of Un-Skilled and Skilled contingent employees/casual worker/Labourers/ALCs employed under Government of Arunachal Pradesh at the rates shown in the table given below w.e.f. 1/4/2025:- Un-Skilled Skilled Year(s) of Services Existing Rates w .e.f. 1/10/2023 Revised Rates w .e.f. 1/4/2025 Existing Rates w .e.f. 1/10/2023 Revised Rates w .e.f. 1/4/2025 0-5 Rs. 12,000/-PM Rs. 18,000/-PM Rs. 13,000/-PM Rs. 19,000/-PM 5-10 Rs. 13,000/-PM Rs. 19,000/-PM Rs. 14,000/-PM Rs. 20,000/-PM 10-15 Rs. 14,000/-PM Rs. 20,000/-PM Rs. 15,000/-PM Rs. 21,000/-PM 15-20 Rs. 15,000/-PM Rs. 21,000/-PM Rs. 16,000/-PM Rs. 22,000/-PM 20-25 Rs.
12,000/-PM Rs. 18,000/-PM Rs. 13,000/-PM Rs. 19,000/-PM 5-10 Rs. 13,000/-PM Rs. 19,000/-PM Rs. 14,000/-PM Rs. 20,000/-PM 10-15 Rs. 14,000/-PM Rs. 20,000/-PM Rs. 15,000/-PM Rs. 21,000/-PM 15-20 Rs. 15,000/-PM Rs. 21,000/-PM Rs. 16,000/-PM Rs. 22,000/-PM 20-25 Rs. 18,000/-PM Rs. 24,000/-PM Rs. 19,000/-PM Rs. 25,000/-PM Above 25 years Rs. 30,000/-PM Rs. 31,000/-PM 2. The Contingency employees/labourers serving in Area-II (Difficult areas) notified by the Govt. in the State would also be paid an additional difficult area allowance of Rs. 500/- (Rupees five hundred) only per month over and above the wage rate of the employees as shown above 3. Other service conditions and benefits not specified herein would remain as before. 4. Further, if the minimum rates of wages in other State/UTs, where Government or Semi Govt. Organization under Govt. of Arunachal Pradesh are located, are higher than the above rates, such higher rates shall be paid to those employees under Govt. of Arunachal Pradesh in that particular State or UT. 15. Perusal of the order dated 19.03.2025, shows that the State of Arunachal Pradesh in supersession of earlier order dated 13.12.2023, has enhanced the minimum rates of wages in respect of various categories of un-skilled and skilled contingent employees/casual worker/Labourers/ALCs employed under Government of Arunachal Pradesh w.e.f. 01.04.2025. It is reflected that for the un-skilled contingent employees/casual worker/Labourers/ALCs, who have served from 0-5 years, their wages have been enhanced from Rs. 12,000/- to Rs. 18,000/- and for skilled it has been enhanced from Rs. 13,000/- to Rs. 19,000/, so on and so forth. For the unskilled who is serving for above 25 years, it has been revised to Rs. 30,000/- per month and for skilled, it has been revised to Rs. 31,000/- per month. 16. The above enhancement indicates that the State Government has although not particularly mentioned the minimum pay scale at the lowest grade in the regular pay scale extended to the regular employees holding the same post, it is akin rather higher than the minimum pay scale granted to the lowest grade in the regular pay scale to regular employees holding the same post inasmuch as the minimum pay scale of the regular employees holding the same post is Rs. 18000/-. 17. In the case of Jagjit Singh (supra), the Hon’ble Supreme Court has held, which is reproduced hereunder: “...57.
18000/-. 17. In the case of Jagjit Singh (supra), the Hon’ble Supreme Court has held, which is reproduced hereunder: “...57. 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 summarised by us in para 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 summarised by us, in para 44 hereinabove. The above legal position which has been repeatedly declared, is being reiterated by us yet again. 58. 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. Anyone, 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 dependants would suffer immensely, if he does not accept the lesser wage. 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 60. Having traversed the legal parameters with reference to the application of the principle of "equal pay for equal work", in relation to temporary employees (daily-wage employees, ad hoc appointees, employees appointed on casual basis, contractual employees and the like), the sole factor that requires our determination is, whether the employees concerned (before this Court), were rendering similar duties and responsibilities as were being discharged by regular employees holding the same/corresponding posts.
This exercise would require the application of the parameters of the principle of "equal pay for equal work" summarised by us in para 42 above. However, insofar as the instant aspect of the matter is concerned, it is not difficult for us to record the factual position. We say so, because it was fairly acknowledged by the learned counsel representing the State of Punjab, that all the temporary employees in the present bunch of appeals were appointed against posts which were also c available in the regular cadre/establishment. It was also accepted that during the course of their employment, the temporary employees concerned were being randomly deputed to discharge duties and responsibilities which at some point in time were assigned to regular employees. Likewise, regular employees holding substantive posts were also posted to discharge the same work which was assigned to temporary employees from time to time. There is, therefore, d no room for any doubt, that the duties and responsibilities discharged by the temporary employees in the present set of appeals were the same as were being discharged by regular employees. It is not the case of the appellants, that the respondent employees did not possess the qualifications prescribed for appointment on regular basis. Furthermore, it is not the case of the State that any of the temporary employees would not be entitled to pay parity on any of e the principles summarised by us in para 42 hereinabove. There can be no doubt, that the principle of "equal pay for equal work" would be applicable to all the temporary employees concerned, so as to vest in them the right to claim wages on a par with the minimum of the pay scale of regularly engaged government employees holding the same post. 61. In view of the position expressed by us in the foregoing paragraph, we have no hesitation in holding that all the temporary employees concerned, in the present bunch of cases would be entitled to draw wages at the minimum of the pay scale (at the lowest grade, in the regular pay scale), extended to regular employees holding the same post...“ 18.
In the present case, having considered the matters in its entirety, it is noticed that the petitioners are provided with the monthly wages akin to the minimum pay scale provided to the regular employees holding the same post and in fact, higher than the minimum pay scale. Thus, this Court finds difficulty in granting relief for payment of minimum pay scale and other service benefits as claimed by the petitioners. 19. For the foregoing reasons, this Court is of the considered view that no relief can be granted to the petitioners as the petitioners are being provided the monthly wages by revising and enhancing the monthly wages from time to time by the State Government. However, if the petitioners are not granted the enhanced monthly wages in terms of the order, dated 19.03.2025, issued by the Commissioner (Finance), Government of Arunachal Pradesh, same shall be provided to the petitioners. 20. The writ petitions stand disposed of. Cost(s) made easy.