Smt. Pratima Bai Sen v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.519 of 2017

1. Smt. Pratima Bai Sen W/o Rupesh Kumar, Aged About 23 Years R/o Village Sundarkera, Block Abhanpur, District Raipur (Chhattisgarh)

2. Usha Bai Tarak, W/o Harish Chandra, Aged About 30 Years R/o Village Sundarkera, Block Abhanpur, District Raipur (Chhattisgarh)

3. Smt. Amrit Bai Sahu, W/o Santosh, Aged About 35 Years R/o Village Sundarkera, Block Abhanpur, District Raipur (Chhattisgarh)

4. Smt. Radha Bai Sahu, W/o Ramkisun, Aged About 43 Years R/o Village Sundarkera, Block Abhanpur, District Raipur (Chhattisgarh)

5. Ramoutin Baya, W/o Ganeshram, Aged About 54 Years R/o Village Sundarkera, Block Abhanpur, District Raipur (Chhattisgarh)

6. Smt. Laxmi Bai Sahu, W/o Lalit Sahu, Aged About 34 Years R/o Village Sundarkera, Block Abhanpur, District Raipur (Chhattisgarh)

7. Smt. Shakuntala Tarak, W/o Deendayal, Aged About 39 Years R/o Village Thelka (Bhandha), Block Abhanpur, District Raipur (Chhattisgarh)

8. Smt. Sato Vishwakarma, W/o Angad, Aged About 48 Years R/o Village Thelka (Bhandha), Block Abhanpur, District Raipur (Chhattisgarh)

9. Smt. Nirmala Dhimar, W/o Ramratan, Aged About 44 Years R/o Village Thelka (Bhandha), Block Abhanpur, 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, Abhanpur, District Raipur (Chhattisgarh)

5. Government Middle School, Sundarkera, Through : The Head Master, Government Middle School, Sundarkera, Block Abhanpur

District Raipur (Chhattisgarh)

6. Government Primary School , Sundarkera, Through : The Head Master, Government Primary School, Sundarkera, Block Abhanpur District Raipur (Chhattisgarh)

7. Government Middle School, Thelka (Bandha), Through : The Head Master, Government Middle School, Thelka (Bhandha), Block Abhanpur District Raipur (Chhattisgarh)

8. State Of Chhattisgarh, Through : Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh) ---- Respondents For Petitioners :

Mr. Sourabh Sharma, Advocate For State/Respondents :

Mr. Avinash Singh, Panel Lawyer and Mr. Ashwin Shukla, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 01/02/2017 1.

Learned counsel for the petitioners would submit that the petitioners are working on the post of Cook in the Government Middle School/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 petitions stand finally disposed of. No order as to costs.

Sd/- (Sanjay K. Agrawal) JUDGE L/-