Smt. Binda Bai Dhruv v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6969 of 2016

1. Smt. Binda Bai Dhruv, W/o Shri Narayan, aged about 56 years,

2. Smt. Radhiya Sinha W/o Pawan, aged about 32 years, Both are R/o Village Alekhuta, 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 Primary School, Alekhuta, Through: The Head Master, Government Primary School, Alekhuta, Block Abhanpur, District Raipur (Chhattisgarh)

6. State Of Chhattisgarh, Through : Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh) ---- Respondents ------------------------------------------------------------------------------------------------- For Petitioners : Mr.Sourabh Sharma, Advocate For Respondent No.1 : Mr.R.K. Kesharwani, Advocate For Res.No.2 to 6/State : Mrs Ashtha Shukla, Panel Lawyer ------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board /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, Alekhuta and they are being paid only ₹ 1200/- each per month i.e. ₹ 40/- per day, whereas according to the notification Annexure P/2, minimum wages prescribed by the

Chhattisgarh Minimum Wage, they are entitled for ₹ 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 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."

2. In view of above, respondent No.2 is directed to consider the representations 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 additional representations, if any.

3. With the aforesaid direction, the writ petition stands disposed off. Sd/- (Manindra Mohan Shrivastava) Judge B/-