Thursday, October 27, 2016

TEMPORARY EMPLOYEE TO BE PAID AT PAR WITH REGULAR WORKER UNDER THE PRINCIPLES OF 'EQUAL PAY FOR EQUAL WORK' = SUPREME COURT

உச்ச நீதிமன்ற பெஞ்ச் தீர்ப்பை மதிக்குமா அஞ்சல் நிர்வாகம் ? CASUAL ஊழியர்களுக்கு சட்டரீதியான உரிமை கொடுக்கப்படுமா ?அப்படி சட்டங்களும் நீதிகளும் மதிக்கப்பட்டால், போராட்டங்களும் வேலை நிறுத்தங்களும் தேவையே இல்லை அல்லவா ? நிர்வாகம் இனியாவது பதில் சொல்லுமா ?

NEW DELHI: 26.10.2016.

In a big relief to lakhs temporary employee who have been hired by government departments and agencies across the country on contractual basis, theSupreme Court
 

A bench ofJustices JS Khehar
 "In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. 

An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity," the bench said.
 

The bench said the principle had been expounded through a large number of judgments rendered by theapex court and and constitutes law declared by the Supreme Court.
 "Any one, who is compelled to work at a lesser wage, does not do so voluntarily. He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his integrity. For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage," Justice Khehar, who wrote the judgement, said. "

Any act, of paying less wages, as compared to others similarly situate, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation," he said.

The court passed the verdict on a bunch of petition filed by tempoary employee working for state of Punjab seeking wage parity with regular employee. They approached the apex court after Punjab and Haryana High Court held that temporary employees were not entitled to the minimum of the regular pay-scale, merely for reason, that the activities carried on by them and the regular employees were similar.

Setting aside the HC order, the apex court held that the principle of equal pay for equal work must be followed in the country as India was a signatory of International Covenant on Economic, Social and Cultural Rights. "India is a signatory to the covenant, having ratified the same on April 10, 1979. There is no escape from the above obligation, in view of different provisions of the Constitution and in view of the law declared by this court under Article 141 of the Constitution of India, the principle of 'equal pay for equal work' constitutes a clear and unambiguous right and is vested in every employee - whether engaged on regular or temporary basis,"it said.

COURTESY - THE TIMES OF INDIA.

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