Smt. Sumitra Bai v. Union Of India
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6693 of 2016 Dineshwar Singh, S/o Shri Meghnath Singh, aged about 45 years, working as Cook, presently posted on Primary School Kantabel, Tahsil & Block Manora, District Jashpur (CG).
Resources Development, Department, Of School Education And
6. Block Education Officer, Bagicha, Distt. Jashpur (Chhattisgarh) WPS No. 6695 of 2016 Smt. Saroj Xalxo, W/o Belon Xaxlo, aged about 40 years, working as Cook, presently posted as Primary School Beltoli, Tahsil and Block Manora, District Jashpur (CG).
Resources Development, Department, Of School Education And
6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh) WPS No. 6696 of 2016 Khuneshwar Ram, S/o Shri Lokhnath, aged about 45 years, working as Cook, presently posted on Primary School Dodidand, Thana & Block Kunkuri, District Jashpur (CG).
Resources Development, Department, Of School Education And
6. Block Education Officer, Kunkuri, Distt. Jashpur (Chhattisgarh) WPS No. 6699 of 2016 Maghu Ram, S/o Shri Atwa Ram, aged about 47 years, working as Cook, presently posted on Primary School, Kaprol, Thana & Block Manora, District Jashpur (CG).
Resources Development, Department, Of School Education And
6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh) WPS No. 6702 of 2016 Lasru Ram, S/o Shri Ghoghro Ram, aged about 45 years, working as Cook, presently posted on Primary School Ghughri, Tahsil and Block Bagicha, District Jashpur (CG).
Resources Development, Department, Of School Education And
6. Block Education Officer, Bagicha, Distt. Jashpur (Chhattisgarh) WPS No. 6703 of 2016 Akbar Ram, S/o Lahru Ram, aged about 45 years, working as Cook, presently posted as Primary School Farsatoli, Tahsil and Block Pathalgaon, District Jashpur (CG).
Resources Development, Department, Of School Education And
6. Block Education Officer, Pathalgaon, Distt. Jashpur WPS No. 6704 of 2016 Kum. Seema Bai, D/o Lojho Ram, aged about 35 years, working as Cook, presently posted on Girls Primary School Kunjara, Thana and Block Kunkuri, District Jashpur (CG).
Resources Development, Department, Of School Education And
6. Block Education Officer, Kunkuri, Distt. Jashpur (Chhattisgarh) WPS No. 6705 of 2016 Tantu Ram, S/o Shri Bhadwa Ram, aged about 45 years, working as Cook, presently posted as Primary School Sonpur, Tahsil and Block Bagicha, District Jashpur (CG).
Resources Development, Department, Of School Education And
6. Block Education Officer, Bagicha, Distt. Jashpur (Chhattisgarh) WPS No. 6708 of 2016 Manbahal Ram, S/o Shri Harihar Ram, aged about 45 years, working as Cook, presently posted as Primary School Samarbar, Tahsil and Block Bagicha, District Jashpur (CG).
Resources Development, Department, Of School Education And
4. The Collector, Jashpur, District Jashpur (Chhattisgarh) '
6. Block Education Officer, Bagicha, Distt. Jashpur (Chhattisgarh) WPS No.6709 of 2016
Smt. Mulari Bai, W/o Jagat Ram, aged about 40 years, working as Cook, presently posted as Primary School Mahuadih, Tahsil and Block Bagicha, District Jashpur (CG).
Resources Development, Department, Of School Education And
6. Block Education Officer, Bagicha, Distt. Jashpur (Chhattisgarh) WPS No. 6710 of 2016 Mahavir Ram, S/o Shri Sudhwa Ram, aged about 48 years, working as Cook, presently posted as Primary School Borokona,, Tahsil and Block Manora, District Jashpur (CG).
Resources Development, Department Of School Education And
6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh)
WPS No. 6712 of 2016
1. Smt. Sumitra Bai W/o Ganesh, Aged About 40 Years Working As Cook, Presently Posted On Primary School Korwadera (Kunkuri), Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)
2. Smt. Esther Kujur, W/o Jon Elias, Aged About 40 Years Working As Cook, Presently Posted On Primary School Korwadera (Kunkuri), Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)
3. Smt. Saroj, W/o. Sita Ram, Aged About 40 Years Working As Cook, Presently Posted On Girls Primary School Kunkuri Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)
4. Smt. Sunita Kansari, W/o Harishchandra, Aged About 42 Years Working As Cook, Presently Posted On Boys Primary School Kunkuri Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)
5. Smt. Ahilya Kansari, W/o Chintamani, Aged About 42 Years Working As Cook, Presently Posted On Boys Primary School Kunkuri Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)
6. Smt. Jagmani Bai, W/o Viphal Ram, Aged About 40 Years Working As Cook, Presently Posted On Boys Primary School Kunkuri Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)
7. Santu Ram, S/o Lasmat Ram, Aged About 39 Years Working As Cook, Presently Posted On Gyan Jyoti Primary School Kusumtoli, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)
8. Mansai Ram, S/o Shri Late Lalchand Ram, Aged About 45 Years Working As Cook, Presently Posted On Primary School Bene, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)
9. Smt. Muniyaro Bai, W/o. Sidheshwar Ram, Aged About 39 Years Working As Cook, Presently Posted On Primary School Kandora, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh) 10.
Smt. Basanti Bai, W/o. Ketku Ram, Aged About 38 Years Working As Cook, Presently Posted On Primary School Karmtoli, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh) 11.Kum. Payro Bai, D/o Dugru Ram, Aged About 37 Years Working As Cook, Presently Posted On Primary School Mahuatoli, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh) 12.
Smt. Jaymati Bai, W/o Nemnarayan, Aged About 38 Years Working As Cook, Presently Posted On Primary School Kandora, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh) 13.
Arun Minj, S/o Mikhail Minj, Aged About 45 Years Working As Cook, Presently Posted On R.C.D. Primary School Pharsakani, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh) 14.
Estanislas Ekka, S/o Marcus Ekka, Aged About 45 Years Working As Cook, Presently Posted On R.C.D. Primary School Pharsakani, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)
15.
Prabhu Yadav, S/o Ramdani Yadav, Aged About 35 Years Working As Cook, Presently Posted On Primary School Barpath, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh) 16.
Manual Ekka, S/o Nikolas Ekka, Aged About 34 Years Working As Cook, Presently Posted On Primary School Ordih, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh) 17.
Sudheer Ram, S/o Temba Ram, Aged About 45 Years Working As Cook, Presently Posted On Primary School Dihidand, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh) 18.
Lalit Minj, S/o Simon Minj, Aged About 35 Years Working As Cook, Presently Posted On Mishan Primary School Dhasma, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh) 19.
Sameshwar Ram, S/o Kisun Ram, Aged About 35 Years Working As Cook, Presently Posted On Primary School Dhasma, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh) 1 Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department Of School Education And
4. The Collector, Jashpur, District Jashpur (Chhattisgarh)
6. Block Education Officer, Kunkuri, Distt. Jashpur (Chhattisgarh)
7. Block Education Officer, Manora, District Jashpur (CG). WPS No. 6714 of 2016 1.
Ram Sai S/o Late Shri Kandu Sai, Aged About 46 Years Working As Cook, Presently Posted On Primary School Pagurabahar, Tahsil + Block Farsabahar, Distt. Jashpur (Chhattisgarh) 2.
Sukhdev Ram, S/o Poro Ram, Aged About 45 Years Working As Cook, Presently Posted On Primary School Semrdand, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh)
3.
Subenath, S/o Sahdev, Aged About 45 Years Working As Cook, Presently Posted On Primary School Rangpur, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 4.
Gajedhar Ram, S/o Pandu Ram, Aged About 40 Years Working As Cook, Presently Posted On Primary School Chhichhali ( R), Tahsil + Block Bagicha, Distt Jashpur, (Chhattisgarh) 5.
Suresh, S/o Bhikhram, Aged About 40 Years Working As Cook, Presently Posted On Primary School Ragra, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 6.
Phaneshwar, S/o Jhanak, Aged About 40 Years Working As Cook, Presently Posted On Primary School Goatmahua, Tahsil + Block Bagicha, Distt Jashpur, (Chhattisgarh) 7.
Ram, S/o Chamru Ram, Aged About 39 Years Working As Cook, Presently Posted On Primary School Saraipani, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 8.
Warsa, W/o Kisun Ram, Aged About 36 Years Working As Cook, Presently Posted On Middle School Saraipani, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 9.
Ramcharan Sai, S/o Rada Sai, Aged About 39 Years Working As Cook, Presently Posted On Primary School Bagdol, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 10.
Parmanand, S/o Kajru Ram, Aged About 40 Years Working As Cook, Presently Posted On Primary School Gaylunga, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 11.
Saghad Ram, S/o Jiytbhan Ram, Aged About 40 Years Working As Cook, Presently Posted On Primary School Ghattari, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 12.
Vijay Nath Ram, S/o Nakul Ram, Aged About 39 Years Working As Cook, Presently Posted On Primary School Bimda, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 13.
Asman Ram, S/o Dalu Ram, Aged About 45 Years Working As Cook, Presently Posted On Primary School Tatikona, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh) 14.
Balak Ram Yadav, S/o Gurubal Yadav, Aged About 40 Years Working As Cook, Presently Posted On Primary School Tarekela, Tahsil + Block Pathalgaon, Distt. Jashpur (Chhattisgarh) 15.
Chintamani Ram Yadav, S/o Ratan Ram Yadav, Aged About 52 Years Working As Cook, Presently Posted On Primary School New Kokiyakhar, Tahsil + Block Pathalgaon, Distt. Jashpur, ---- Petitioners
Resources Development, Department Of School Education And
6. State of Chhattisgarh, through Secretary, Department of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (CG).
WPS No. 6715 of 2016 Naval Ram, S/o Shri Biro Ram, aged about 42 years, working as Cook, presently posted as Primary School Sarnatoli, Tahsil and Block Bagicha District Jashpur (CG).
Resources Development, Department Of School Education And
6. Block Education Officer, Bagicha, Distt. Jashpur (Chhattisgarh) WPS No. 6716 of 2016 Smt. Suganti Bai, W/o Shri Kailash Prajapati, aged about 39 years,
working as Cook, presently posted as Primary School Fatepur, Tahsil and Block Manora, District Jashpur (CG).
Resources Development, Department Of School Education And
6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh) WPS No. 6718 of 2016
1. Sobhnath Ram S/o Baiju Ram, Aged About 36 Years Working As Cook, Presently Posted On Middle School Kardana, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)
2. Peter Lakra, S/o Piyus Lakra, Aged About 41 Years Working As Cook, Presently Posted On St. Josef Primary School Kharwatoli, Tahsil + Block Manora, Distt. Jashpur, (Chhattisgarh)
3. Milu Ram, S/o Devnath Ram, Aged About 45 Years Working As Cook, Presently Posted On Primary School Khutapani, Tahsil + Block Manora, Distt. Jashpur, (Chhattisgarh)
4. Smt. Savitri Bai, W/o Vijay Kumar, Aged About 40 Years Working As Cook, Presently Posted On Primary School Kharsota, Tahsil + Block Manora, Distt. Jashpur, (Chhattisgarh)
5. Basant Ram, S/o Jhubla Ram, Aged About 40 Years Working As Cook, Presently Posted On New Primary School Khonga ( Bartoli), Tahsil + Block Manora, Distt. Jashpur, (Chhattisgarh) ---- Petitioners Resources Development, Department Of School Education And
6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh) WPS No. 6727 of 2016
1. Rejina Kujur D/o Poulus Kujur, Aged About 45 Years Working As Cook, Presently Posted On Primary School Karanjtoli, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)
2. Pankhrasius Panna, S/o Piys Panna, Aged About 36 Years Working As Cook, Presently Posted On Primary School Jakba, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)
3. Jagdev Ram, S/o Pethe Ram, Aged About 42 Years Working As Cook, Presently Postedc On Primary School Kharsota, Tahsil + Block Manora, Distt. Jashpur, (Chhattisgarh)
4. Smt. Chaiti Bai, W/o Krishna Ram, Aged About 45 Years Working As Cook, Presently Posted On Boys Primary School Ambakona, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)
5. Smt. Sita Bai, W/o Kamleshwar Bhagat, Aged About 36 Years Working As Cook, Presently Posted On Primary School Tikaitganj, Tahsil + Block Manora, Distt. Jashpur, (Chhattisgarh) ---- Petitioners Resources Development, Department Of School Education And
6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh) WPS No. 6728 of 2016
1. Kamlesh S/o Jalsu Ram, Aged About 35 Years Working As Cook Presently Posted On Primary School Kandora, Arakona, Tahsil Block Manora, Dsitirct Jashpur Chhattisgarh
2. Smt. Sirma Bai W/o Aghnu Ram, Aged About 42 Years Working As Cook, Presently Posted On Primary School Khonga, Tahsil Block Manora, Distirct Jashpur Chhattisgarh
3. Smt. Devmati Bai W/o Jagsai Ram, Aged About 37 Years Working As Cook, Presently Posted On Primary School Irai, Tahsil Block Manora, Distirct Jashpur Chhattisgarh
4. Linus Kujur, S/o Alvis Kujur, Aged About 30 Years Working As Cook, Presently Posted On Primary School Harri, Tahsil Block Manora, Distirct Jashpur Chhattisgarh
5. Rameshwar Ram, S/o Guda Ram, Aged About 36 Years Working As Cook, Presently Posted On Primary School Dumartoli, ( Jhargaon), Tahsil Block Manora, Distirct Jashpur Chhattisgarh ---- Petitioners Resources Development, Department Of School Education And
6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh) For Petitioners :
Mr. Somkant Verma and Shri Manoj Chouhan, Advocates For Respondents/State :
Shri Prafull N. Bharat, Addl.A.G., Shri Raj Kumar Gupta, Shri Ashwin Shukla, Shri Ramakant Pandey, Advocates and Ms. Astha Shukla, Panel Lawyer
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 09/12/2016 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.
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/-