I N THE HI GH COURTOF PUNJAB AND HARYANA AT v. St at eof Punj ab Ot hers

Learned counselfor t he arguedt hatt he claim of t he pet it ionersin t he aforesaid writ pet it ionswas not but for t he grantof t he m inim um oft he pay scale which has beenext ended t o sim ilarlysit uat ed persons and largenum berof persons engagedon dailywage basis lat er t nt im e t hant he havebeen grant edsuch benefit s while denyingt he sam e t reat m ent t o t he This fact also evident from one of Anit a 2014.02.12 14: 34 True Scanned Copy Of The Original PHHC,Chandigarh t he j udgm entdat ed Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 423 CWPNO116 of2009et Ce 5 47 22 12007passed111 CWPNo11211 of2002 fiied byt he The filed t his pet it ion t he aforesaid Annexure P 21and havesoughtt he relief for t hegrantof wagesat e a 1 0 0 45 r Z lGr m I 08 Z t l 1 1 1 C t hem inim um oft hepay scale I n all t heot her grantof wages at t he m inim um oft he pay scale The oft his Courtandt heHonble also t hereliefis for have relied Court earlier passed Howeier t he claim oft he andresist edbyt he on t he t hat t he wagesas are t o t he are not ent it ledt o t he sam e of t he St at e Um a I t has MsCharu Tulileam edcounselfor t helightof t he oft he Honble Suprem eCourt in t he case t he has subm iued t hat t n Devi supral t he pet it ionersare not ent it ledt o furt herbeen behalf of t he t hat by grant ingnilar payscales would am ount t o t reat ingt he unequalswit h equalswhich it self is in cont ravent ion t o t he of Art icles 14 and 16 of t he Const it ut ionof I ndia 1 haveheard I earnedcounselfor t hepart iesI t is not t hat t he pet it lonersare in various as Pum pOperat orsMaliim e Fit t er Coolie Fit t er HelperSt oreMunshi and on such ot her I t is adm it t edposit iont hat t he on daily wagebasis for t he last num ber of years in som e cases m aybe m ore t han t wo decades lt in t he writ pet it iont hat t hereis of t housandsof workingon dailywage basisin t he St at e of Punj abThe dut ies and t he in t heir respect lvecat egoriesare sam e Theyperformident ical funct ionsand share Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document Anit a 2014.02.12 14: 34 True Scanned Copy Of The Original PHHC,Chandigarh 424 1 CWPNO0116of2009et c d sim ilar Event he dut ies 1 e 6 t he in t heir 2 P 0 0 4 Z m l I 08 7 Z Qm 1 1 4J cat egoriesare Theyare of t he sam e St at e St at e I ist shavebeen for different and all t he pet it ionersare borne on t hej oint list s A largeenum berof daily wagerseven I at er in t im e st and whereas ot hers are get t ingm inim um ofpay scale under various of t his court and t heHonble ApexCourt The have referredt o a largenum berof byHonble Suprem eCourt andt his Court Som e of such are not icedhere underl I n t he case of St at eof Punj ab8 Ot hers vse Devinder SinghSi Ot hers Civil Noe4492of 1997 decided on t he HonbleSuprem eCourt hasm adefollowingobservat ionsl 64 n our view t he of EqualPayfor EqualWork ensure t o t he t o t he lim it edext ent t hat whent heywere found t o have beengivingsim ilarwork as Ledger t heycould have been paidt he m init num of t he pay scale of a LedgerKeeperwhich was available t o Ledger Clerks Learned counsel for t he could not successSlllycont endt hat suchan order should not have been passedWe t hereforeallow t his appealt o t he lim it ed ext ent t hatt hought he are held lim it edOI l t he ofEqualPayfor EqualWorlC t o gett he salaryavaiI able t o t he Ledger Anit a 2014.02.12 14: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 41 425 4 CWPNO116of2009et ce 1 1 1 m e 7 Clerkswho are recruit edt heywould be ent it ledt o t he m inim um of t he pay scale of t he Keeperswhich m ay be avaiI ablet o t he LedgerKeepersand t hey cannot be paidt he runningt im e scale t heywere not as Ledger ClerkSeenI l 1 0 aa6m 0 2C Z 2 r r 08 QO 4 a Z Cle C On t he basisof t he aforesaid CWP No10017 of 1995was decided vide whereinfollowingobservat ions dat ed2081998 passedby t his Court havebeenm adelm 64 I allow t he writ pet it ionand direct t he t o pay t he m inim um pay scale t o t he pet it ioners I S availablet o t he regularOct roi Clerks wit h allowances on t he basis and t he difference bet weent he em olum ent salreadypaidt o each oft he shall be paidfor a periodof t hreeyears priort o t he filingoft he writ pet it ionie from 1221992 The arrear SO calculat ed shall be paidwit hin four m ont hsThere will be no order as t o cost s 11 A sim ilar order cam e t o be passedbyHonble Suprem eCourt in t he caseof NagarPanchayatBhikhiwind vse Kulbir SinghSi Ot hers Civil AppealN00187911999decided on whereinit has been observed as underl 44espondent sare under t he t heHighCourt for t he relief t hatt hey Anit a 2014.02.12 14: 34 True Scanned Copy Of The Original PHHC,Chandigarh are ent it ledt o t he scale of pay as is availablet o Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document r e 426 CWPNO0116of2009et ce Pr 1 e 8 1 C 0 0 I C9 I Z I 08 Qo 7 Z l C1 in t he scale The 7 I earned Judge t he said relief On t heDivision Benchhascom e t o conclusion t hat t hereis no t o int erferewit h t he order of t he learnedSingleJudge but furt her clarified t hat So far as t he arrears are concem ed t he would be ent it ledt o draw at t he m inim umoft he scaleofpayfor a periodof3 years priort o dat eoft he filingoft he writ pet it ion91 A Division Bench oft his Court allowed CWP Noe7807of1999 on 142000 relyingupon t he above andm adefollowing observat ions 4t Fhe doct rine of equalpay for equalwork enshrinedin Art icle 396dlof t he Const it ut ion a dut yOll t he publicem ployert o pay sim ilarwagest o t he doingsim ilarwork and in view of t he fact t hat t he dut ies being by t he are sim iiar t o t hose ClerkslOct roiClerks and Drivers who are being paidsalaryin t heregulart im e scale we flnd m erit in t he claim of t he t hatt heyare ent it led t o bepaidsalaryin t heregularpay scale Hence t he writ pet it ionis allowed The direct ed t o pay t o t he m inim um of t he regularpay scales Anit a 2014.02.12 14: 34 True Scanned Copy Of The Original PHHC,Chandigarh t he post s of ClerkslOct roi Clerks and Drivers Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 427 e CWPNO1 lb of2009elce e 9 1 1 J 1 m t r 0 0 C X2 G Z 5r r C 08 C0 44 Z t l 1 1 C Theyshallalso be paidDeam essAllowance and ot her as m ay be adm issiblet o such undert heRules The different bet ween t he alreadypaidt o t he whichm ay be t o t hemin t erm s oft he order shallbeconfinedt o a periodof t hreeyars priort o t he dat eof filingof t he writ The arrears shall be paidt o t he wit hin a periodof m ont hsOom t he dat e of receiptof a cert iOed copyoft his Thepet it ionershaveplacedon record a num ber t his Court and Honble Court whereint he aforesaid havebeenrelied upon which are not beingadheredt o To t hecont raryMsCharu Tuli learnedcounselfor t he has reliedupon St at e of Haryanaand anot her ve Tilak Raj and ot hers AlR 2003 Court 2658 I n t he aforesaid t he desirabilit yof of doct rineof EqualPay for EqualWorkqua t he daily wagers in wit h t he regularand st aff Honble Suprem eCourtm adefollowingobservat ionsl 13 Equal Pay for equalwork ls a conceptwhich for it s and wholesale ident it ybet ween a group of claim ing ident icalpay scalesand t he ot her group of who have eam edsuch pay scales The problem about cqualpay cannot alwaysbe t ranslat edint o a m at hem at icalform ula 93 Anit a 2014.02.12 14: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 428 J r CWP NO116 of2009 et ce e 10 Referenceis also inade t o passedin t he case ofSt at e of V Orissaand ot hers vs Balaram Sahu and ot her220031 1 Suprem e Court Cases 250 whereit l Honble Court m ade following observat ionsl 1L 0 40 C5 I e Z 5t2 t r 05 00 C Z Clm e Ulleee Thoughequalpay for equalwork I S consideredt o be a concom it antof Art icle 14 as m uch as equalwork for unequalwork will also a negat ionoft hat rightequalpay would depend uponnot onlyt he nat ure or t he volum e of work out also on reliabilit yand t he t he funct ions differenceas well and t hough m ay be t he sam e but t he lit ies do m ake a real and subst ant ial difference XXX XXX XXX XXX 13To claim a reliefon t he basis ofequalit yit lS e for t he claim ant st o subst ant ive a clearecutbasisof and a result anthost ilediscrim inat ion before becom ingeligiblet o claim right sonapar wit h t he ot her group ViSaeVlS an alleged discrim inat ioi 99 Anot her relied upon byMsCharu Tuli is in t he case of St at e of Punj aband ot hers vse Surinder Singhand anot her 2007 I l SCT 628 wherein followingobservat ionshavebeenm adee 6The principleof equalpay for equalwork has gonea sea changeEarlier t he Vlew of t his Court Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document Anit a 2014.02.12 14: 34 True Scanned Copy Of The Original PHHC,Chandigarh 429 J CWPNO116 of2009 et ce 11 P 4r 0 C W C5 2C 4 Z 5t Q t 3 a5 4t m 0 2 220 m C t hat if t wo personsare t he salne funct ionst heywill be ent it led t o sam e Wagese t his view has been and now t he view of t his court is t hat t here should be and t ot al ident it ybet ween t he t wo personssim ilarlysit uat ed so as t o grantof equal payfor equalwork Recent lyt his Court has held t hat ident it ybet ween t wo persons has t o be and t ot al I n case of a regular he has a select ion process and0is servicesare regularEven ifa dailywage I S t he sam e 8lnct ions as a regular t he aut horit iesare not bound t o grant equalpay t o such a person who is dailywage basisie for a short t erm and has not faced t he select ion process Thus t he principleof equalpay for equalwork has t o be grant edonly if t here is a t ot al and com plet e ident it ybet weent he t wo persons I n t his view we by a decision of t his Court in t he case of SeCeChandra 8i Ot hers vse St at e of Jharkhand and ot hers 2007 1 SCT 76i 2007 91 SCR 130 JT 2007 101SC 272 which has been referredt o earlier in decisionsoft his Court XXX XXX XXX Anit a 2014.02.12 14: 34 True Scanned Copy Of The Original PHHC,Chandigarh 8n view of t he legalposit ion as m ent ioned Sahil Soni 2016.03.21 12:26 I attest to the accuracy and 4 integrity of this document 430 1 9 CWP NO116 of2009 et c 1 1 e 12 abovewe are of t heopinionlhat lhe view lakenby t he HonbleHighCourt pay scale of t o t he dailywage doesnot appeart o be well founded we allow t hese and set asidet he orderof t he HighCourt as alsot he Trial Court anddism iss t hesuit sfiled byt he herein 93 The dict um oft he aforesaid reliedupon byMsCharu Tuli I S t hatt he doct rine of equalpay for equalwork cannot be invokedm erely 1 becausesom e sim ilar kind of dut ies A lot of ot herconsiderat ionsare requiredt o be seen for which t he relevant m at erial m ustbe placedon record Sim ilarissue was consideredbyt hisCoun in t he caseofPardeepKum ar and ot hers vse St at eofPunj aband ot hers Noe8671 NP o1987 decided on 311002008n t he aforesaidcase while t he j udginentof Honble Suprem eCoun in t he case of Surinder Singh supral followingobservat ionshavebeenm ade 44 iowever in SurinderKum ars case lpralt he Honble ApexCourt has ruled t hat t he principle cannot be appliedunless t here is t ot al and com plet eident it ybet weent he t wo persons I n t he present case account various earlier j udgm entof t his Court con6rm edby t he Honble Suprem eCourt dailywagers in alm ost all t he are get t ingt he basic salaryin t he pay scale of post occupiedby t he regular Am l 0 C 5 4 Z m l 4 Z a5 00 e m 7 Z I l C r Anit a 2014.02.12 14: 34 True Scanned Copy Of The Original PHHC,Chandigarh and t his benefit has been allowed t o Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 431 CWPNO16of2009 1 4 1 1 4 r lhcm for t he yearsand t wo l 13 t hree 1 1 l 1 3 0 C I 9 r e Z 5r rS I 06 QO m w Z 123 Llm 6 Z C m ont hsbefore t he filingof t he writ pet it ionThe are sim ilarlysit uat edand t hus t hereis andt ot alident it ybet weent he and t he daiI y wagerswho are workingin ot her in t he St at e The cannot be denied t he sim ilar benefit sas has been t o ot her daiI ywagersworkingin t he sam e and ot her in t he St at eofPunj abe91 The sum and subst ance relieduPOnbot h t he SidS iS t hatt he doct rine ofequal pay for equalwork is onlywhere t he ident it ybet ween t he wagers and regular is est ablished The specificavennent s m adeby t he pet it ioners are t hat t heyare t he sam e dut ies as t he and a I argenum berof dailywagers t heininiinulnof t he pay scaleby Vlrt ue of various t lle Hoilble Court and t his Coun as also t hat som e t im e t he post s These have not been deniedand t he replyfiled by t he The onlyargum ent sraisedon behalfof t he is t hat dailywagers have not beenselect edby any process of select ionwhereast he regularly were dulyselect ed I n view of t he cat ena of t his Court affirm ed by t he Honble Court referred t o hereineabove I am of t he consideredview t hat t he cannot be denied a sim ilart reat m ent as givent o ot her daily wagersworkingin variOUS of t he St at e in t he sam e cat egories t o which t he pet it ionersbelongEven t he specificavennent s of Anit a 2014.02.12 14: 34 True Scanned Copy Of The Original PHHC,Chandigarh t he Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 432 1 4 C 1J CWP NO116of2009 et ce e 14 pet it ioners t hatpersonswho are lat erin t im e t han t he m inim um pay scales have not beendenied I t is not t o say t hat t here is t ot aland wholesaleident it ybet ween t he dailywagersalreadygelt ingm inim um ofpayscaleundert he court ordersandt he I n view of t he above t hese e The pet it ionersshall be ent it led t o m inim um of t hepay scale of t he t o Which t heY wit h all allowances as revisedfrom t im e t o t im e However t herelief shall be cont lnedt o t hreeyears t hefllingof t he writ pet it ions111 each case A copy olt hisj udgm enlbc placcdon recordon eachconcernedOlc 4 PERMOD KOHLI I JUDGE 09072009 MFK NOTEWhet hert o bereferredt o Reponeror not YESI NO l m 0 0 1r C5 Z 5 t r X C6 m Z CL I I SI 04 98 Anit a 2014.02.12 14: 34 True Scanned Copy Of The Original PHHC,Chandigarh 9 Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document