Case Note & Summary
The dispute arose from appeals filed by the State of Punjab against a judgment of the Punjab & Haryana High Court, which upheld a Trial Court's order granting daily wage Tractor Drivers equal pay to regular employees based on the principle of equal pay for equal work. The Trial Court had denied the regularization of their services, a decision affirmed by the High Court. The State appealed, arguing that the principle of equal pay requires complete identity between employees, which was not the case here as daily wage employees had not undergone a selection process. The court noted that the principle of equal pay for equal work had evolved, emphasizing that mere similarity in job functions does not suffice for equal pay unless there is total identity in employment status. The court also referenced a precedent, S.C. Chandra & Ors. v. State of Jharkhand & Ors., to support its view that pay scale determination is an executive function, thus reinforcing the separation of powers doctrine. Ultimately, the Supreme Court allowed the appeals, set aside the High Court's order, and dismissed the suits filed by the respondents, ruling that the High Court's decision was not well founded.
Headnote
A) Employment Law - Equal Pay for Equal Work - Criteria for Equal Pay - Constitution of India - The court clarified that equal pay for equal work requires complete and total identity between employees. It held that daily wage employees, despite performing similar functions as regular employees, are not entitled to equal pay unless they have undergone a selection process and are regular appointees (Paras 1-2). B) Separation of Powers - Judicial vs Executive Functions - Constitution of India - The court emphasized that granting pay scales is an executive function, not a judicial one, and that the judiciary should not encroach upon the functions of the executive or legislative branches (Paras 2-2).
Issue of Consideration
Whether daily wage employees are entitled to the same pay scale as regular employees under the principle of equal pay for equal work.
Final Decision
The Supreme Court allowed the appeals, set aside the orders of the High Court and Trial Court, and dismissed the suits filed by the respondents, ruling that the High Court's decision was not well founded.
Law Points
- Equal pay for equal work
- separation of powers
- judicial function vs executive function
