N/AFR v. Union of India

Union of India, through the Secretary, Ministry of Human Resources Development, Department of School Education and Literacy, Mid Day Meal Division, Shasstri Bhawan, New Delhi.

State of Chhattisgarh, through: Secretary, Department of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, Distt. Raipur (CG) The Secretary, Government of Chhattisgarh, Department of Finance, 3. Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (C.G.) 4. Pension Bada, Raipur District Raipur (C.G.) 5. 6. Doundi, Block Doundi District Balod (C.G.) (C.G.) The Block Education Officer, Doundi, District Balod (C.G.) Govt. Girls M.S. Doundi, through the Headmaster, Govt. Girls M.S. The Director, Directorate of School Education, Shiksha Parisar, ... Respondent(s) For Petitioner(s) :

Mr. Shikhar Bhaktiyar, Advocate under instructions of Mr. B.P. Singh, Advocate. Mr. Kishan Lal Sahu, Advocate. Ms. Sunita Jain, Govt. Advocate. For Respondent(s)/UoI For Respondent(s)/State : : Hon'ble Shri Justice P. Sam Koshy Order on Board [11/04/2022]

1. Learned Counsel for Petitioner submits that the Petitioner is working on the post of Cook in the Govt. Girls M.S. Doundi, Block Doundi, District Balod and is being paid only Rs.1200/- per month i.e., Rs.40/- per day, whereas, the Petitioner is entitled for Rs.306.67/- per day as per the minimum wages prescribed by the State Government vide Schedule-C (Annexure P-2).

2. Learned Counsel for Petitioner in this regard relies upon the Judgment of the Hon'ble Supreme Court rendered in the case of “State of Punjab & Ors. Vs. Jagjit Singh & Ors.”, decided on 26.10.2016, wherein the Apex Court holding that the principle of 'equal pay for equal work' would also be applicable to all the temporary employees, has held as under :- 2

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

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Learned Government Advocate appearing for Respondent/State only raises an apprehension that it needs to be verified if the Petitioner is at present discharging the duties of Cook or not, as it has not been reflected in the pleadings whether the Petitioner is still continuing in service or not.

Be that as it may, the consideration of the claim of the Petitioner would be subject to due verification of facts, both so far as the fact that whether the Petitioner is still working under the concerned Respondent and whether the Petitioner is being paid less than the minimum wages prescribed.

In view of above, the Respondent No.2 is directed to consider the representation of the Petitioner in the light of the Judgment of the Hon'ble Supreme Court in Jagjit Singh (supra) and pass a reasoned Order in accordance with law, on its own merits, within a period of 30 days from the date of receipt of certified copy of this Order. Petitioner, if so wants, is at liberty to make an additional representation.