Smt. Kunti Manikpuri v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 7085 of 2016 1.

Smt. Kunti Manikpuri W/o Shri Dukalaha Aged About 46 Years R/o Village Kukera, Block Dharsiwa, District- Raipur, Chhattisgarh 2.

Smt. Geeta Bai Yadav W/o Shri Dayaram Aged About 27 Years R/o Village Kukera, Block Dharsiwa, District- Raipur, Chhattisgarh 3.

Smt. Birja Sahu W/o Shri Kishun Lal Aged About 55 Years R/o Village Kukera, Block Dharsiwa, District- Raipur, Chhattisgarh 4.

Smt. Yashoda Nishad W/o Shri Budharoo Aged About 33 Years R/o Village Kukera, Block Dharsiwa, District- Raipur, Chhattisgarh 5.

Smt. Sohadra Sahu W/o Shri Budharoo Aged About 21 Years R/o Village Kukera, Block Dharsiwa, District- Raipur, Chhattisgarh 6.

Smt. Seema Sahu W/o Shri Shankar Aged About 21 Years R/o Village Kukera, Block Dharsiwa, District- Raipur, Chhattisgarh ---- Petitioners

Versus

1.

Union Of India Through: Secretary, Ministry Of Human Resources Development, Department Of School Edcation And Literacy, Mid Day Meal Division, Shastri Bhawan, New Delhi 2.

State Of Chhattisgarh, Through: Secretary, Department Of Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, DistrictRaipur, 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, Kukera, Through: The Head Master,government Primary School, Kukera, Block Dharsiwa, District Raipur, Chhattisgarh 6.

Government Primary School, Kukera, Through: The Head Master,government Primary School, Kukera, Block Dharsiwa, District Raipur, Chhattisgarh 7.

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

Mr. Sourabh Sharma, Advocate

For Respondents :

Shri Bhupendra Singh, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 03/01/2017 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.

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/-