Smt. Sarita Kurre v. Union Of India
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 329 of 2017
1. Smt. Sarita Kurre W/o Shri Santram, Aged About 35 Years R/o Village Sakri, ( Sankari), Block Dharsiwa, District Raipur (Chhattisgarh)
2. Smt. Ishwari Kurre, W/o Late Shri Netram, Aged About 46 Years R/o Village Sakri, ( Sonkari), Block Dharsiwa, District Raipur (Chhattisgarh)
3. Smt. Bharti Kurre, D/o Late Netram, Aged About 21 Years R/o Village Sakri, ( Sonkari), Block Dharsiwa, District Raipur (Chhattisgarh)
4. Smt. Shail Bai Kurre, W/o Shri Narottam, Aged About 47 Years R/o Village Sakri, ( Sonkari), Block Dharsiwa, District Raipur (Chhattisgarh)
5. Smt. Kunti Dahariya, W/o Shri Banshi Lal, Aged About 47 Years R/o Village Sakri, ( Sonkari), Block Dharsiwa, District Raipur (Chhattisgarh)
6. Smt. Bhuri Banjare, W/o Shri Ram Kumar, Aged About 40 Years R/o Village Sakri, ( Sonkari), Block Dharsiwa, District Raipur (Chhattisgarh)
7. Smt. Shadhni Gendare, W/o Shri Jitendra, Aged About 25 Years R/o Village Sakri, ( Sonkari), Block Dharsiwa, District Raipur (Chhattisgarh)
8. Smt. Motim Verma, W/o Shri Nakul, Aged About 39 Years R/o Village Chaurada, Block Dharsiwa, District Raipur (Chhattisgarh)
9. Smt. Kumari Yadav, W/o Shri Sukhchand, Aged About 49 Years R/o Village Chaurada, Block Dharsiwa, District Raipur (Chhattisgarh) 10.
Smt. Roshni Sahu, W/o Shri Deenanath, Aged About 38 Years R/o Village Chaurada, Block Dharsiwa, District Raipur (Chhattisgarh) ---- Petitioners
Versus
1. Union Of India Through: Secretary, Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division, Shastri Bhawan, New Delhi
2. State Of Chhattisgarh, Through : Secretary, Department Of Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh)
3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)
4. Block Education Officer, Dharsiwa, District Raipur, (Chhattisgarh)
5. Government Middle School, Sakri, Through: The Head Master, Government Middle School, Sakri, Block Dharsiwa, District Raipur, (Chhattisgarh)
6. Government Primary School, Sakri Through: The Head Master, Government Primary School, Sakri, Block Dharsiwa, District Raipur, (Chhattisgarh)
7. Government Primary School, Bana, Through: The Head Master, Government Primary School, Bana, Block Dharsiwa, District Raipur, (Chhattisgarh)
8. Government Naveen Primary School, Charauda, Through: The Head Master, Government Primary School, Charauda, Block Dharsiwa, District Raipur, (Chhattisgarh)
9. State Of Chhattisgarh, Through: Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, (Chhattisgarh) ---- Respondents For Petitioner :
Mr. Somkant Verma, Advocate appearing on behalf of Mr. Sourabh Sharma, Advocate For Respondents/State :
Mr. Bhupendra Singh, Advocate and Mr. Gary Mukhopadhyay, Dy.G.A. and Mr. Dhiraj Wankhede, Govt. Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 20/01/2017 1.
Learned counsel for the petitioners would submit that the petitioners are working on the post of Cook in the Government Primary School 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 labour. He would rely upon the judgment of the Supreme Court in the matter of State of Punjab & Ors. Vs. 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 applicable to all the temporary employees and has been 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 workcharge, 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"
2.
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 to pass a reasoned order in accordance with law on its own merit. The petitioners are at liberty to make an additional representation,if any.
3.
With the aforesaid direction, the writ petition stands finally disposed of.
Sd/- (Manindra Mohan Shrivastava) JUDGE L/-