Supreme Court Sets Aside High Court Order on Pay Scale for Daily Wagers Due to Lack of Equivalence. Daily rated workers cannot claim the same pay as regular employees without fulfilling necessary criteria for equivalence under Article 14.

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Case Note & Summary

The dispute arose between the State of Haryana and daily wage workers employed in Haryana Roadways, who sought regularization and equal pay with regular employees. The respondents, thirty-five in number, claimed that they were entitled to the same salary as regular employees due to the similarity of work performed and their educational qualifications. The High Court ruled in favor of the respondents, allowing them to receive the minimum pay applicable to regular employees. The State of Haryana appealed this decision, arguing that the High Court's ruling contradicted established legal principles regarding daily wage workers. The Supreme Court analyzed the principle of 'equal pay for equal work', referencing previous judgments that clarified its application. It noted that daily wage workers are not subject to the same selection criteria or responsibilities as regular employees, and thus cannot be equated for wage purposes. The court emphasized that the principle requires a clear basis of equivalence, which was not demonstrated in this case. Ultimately, the Supreme Court set aside the High Court's order, affirming that daily wage workers are entitled only to the minimum wages prescribed for their category, not the pay scale of regular employees. The appeal was allowed, and the court directed the State to ensure minimum wages are paid to the workers, with no order as to costs.

Headnote

A) Employment Law - Equal Pay for Equal Work - Applicability of Principle - Constitution of India, Article 14 - The principle of 'equal pay for equal work' requires a clear basis of equivalence between groups of employees, which was not established in this case. The court held that daily rated workers cannot claim the same pay as regular employees without fulfilling the necessary criteria for equivalence (Paras 10-11).

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Issue of Consideration

Whether daily wage workers are entitled to the same pay scale as regular employees under the principle of 'equal pay for equal work'.

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Final Decision

The Supreme Court set aside the High Court's order, ruling that daily wage workers are entitled only to the minimum wages prescribed for their category, not the pay scale of regular employees. The court directed the State to ensure minimum wages are paid to the workers, with no order as to costs.

Law Points

  • equal pay for equal work
  • minimum wages
  • daily rated workers
  • regular employees
  • legal principles
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Case Details

2003 LawText (SC) (07) 23

Appeal (civil) 4570 of 2003

2003-07-14

Doraiswamy Raju, Arijit Pasayat

State of Haryana and Anr.

Tilak Raj and Ors.

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Nature of Litigation

Dispute regarding pay scale for daily wage workers

Remedy Sought

Daily wage workers sought regularization and equal pay with regular employees

Filing Reason

Claim of entitlement to regularization and equal pay based on similarity of work

Previous Decisions

High Court ruled in favor of daily wage workers, allowing minimum pay

Issues

Entitlement of daily wage workers to equal pay Applicability of 'equal pay for equal work' principle

Submissions/Arguments

Appellant argued that daily wage workers cannot claim equal pay as they do not meet the same criteria as regular employees Respondents contended that they performed similar work and were entitled to equal pay

Ratio Decidendi

The principle of 'equal pay for equal work' requires a clear basis of equivalence between groups of employees, which was not established in this case. Daily rated workers cannot claim the same pay as regular employees without fulfilling necessary criteria for equivalence.

Judgment Excerpts

The principle of 'equal pay for equal work' requires a clear basis of equivalence between groups of employees, which was not established in this case. Daily rated workers cannot claim the same pay as regular employees without fulfilling necessary criteria for equivalence.

Procedural History

The respondents filed a writ petition in the High Court claiming entitlement to regularization and equal pay, which was allowed. The State of Haryana appealed the decision to the Supreme Court.

Acts & Sections

  • Constitution of India: Article 14
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