Article 14 | Temporary Employee Can Be Directed To Be Paid Wages Equal To Lowest Grade Regular Employee Discharging Same Duties: Punjab & Haryana HC
Punjab and Haryana High Court recently reiterated that apart from the claim of "equal pay for equal work" under Article 39 of the Constitution of India, the concept of equality will also apply to temporary employees and they can be directed to be paid wages equal to the salary at the lowest grade of a regular employee, discharging the same duties.
The concept of equality is also to be made applicable on the issue of pay parity and thus, by applying Article 14 of the Constitution of India even a temporary employee (differently designated as work-charge, daily wage, casual, ad-hoc, contractual, and the like), de hors the manner of selection and appointment can be directed to be paid wages equal to the salary at the lowest grade of a regular employee, discharging the same duties.
The bench comprising Justice Harkesh Manuja further added that the Executing Court cannot go behind the decree and it has to execute the same unless it is ex-facie nullity.
The court was dealing with a revision petition, challenging an order passed by the Executing Court, whereby objections filed at the instance of petitioners-judgment debtors were dismissed.
Facts of the case are that respondent No.2 invoked jurisdiction of Education Tribunal praying for relief of regularization of her services and for grant of regular pay scale for the post of Lab Attendant. While the relief of regularization was declined, the Tribunal held respondent No.2 to be entitled for minimum pay scale of regularly appointed Lab Attendant. Consequently, respondent No.2 approached the executing court.
While dismissing the revision petition, the High Court referred to State of Punjab vs. Jagjit Singh & Ors. (2016) where it was held that an employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities.
Accordingly, the court dismissed the present revision petition.
Case Title: Secretary, DAV College Managing Committee and another vs. District Judge, Karnal and others
Citation: 2022 LiveLaw (PH) 324
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