Case Note & Summary
The dispute arose from a private engineering college's refusal to pay daily wage lab assistants at par with government employees. The appellants, led by K. Krishnamacharayulu, were appointed on daily wages as Lab Assistants in the non-teaching staff of Sri Venkateswara Hindu College of Engineering. They were paid daily wages and sought enforcement of executive instructions issued by the Government of Andhra Pradesh which entitled them to pay scales equivalent to government employees. The institution was not in receipt of grant-in-aid at the relevant time, and no statutory rules had been framed for pay parity. The High Court of Andhra Pradesh dismissed their writ petition and subsequent appeal, holding that the remedy was under the Industrial Disputes Act. The Supreme Court allowed the appeal. The Court reasoned that since education is a fundamental right of citizens, private institutions imparting education create an element of public interest in the performance of duties by teachers and non-teaching staff. This public interest element makes the conditions of service amenable to regulation and judicial review under Article 226 of the Constitution. The Court observed that the State has an obligation to provide facilities and opportunities for the right to education, and private institutions cater to those educational opportunities. Consequently, employees of such institutions are entitled to seek enforcement of government orders through writ jurisdiction. The Court noted that other employees who had filed the writ petition along with the appellants later withdrew and were paid salaries on par with government employees by the management, while the appellants, who insisted on enforcement of their legal right, were denied the same benefit. The Court held that denying the same benefit to the appellants would be unjust, as the element of public interest and the executive instructions justified equal pay. The Court held that the writ petition was maintainable and that the appellants were entitled to equal pay on par with government employees under Article 39(d) of the Constitution. The appeal was allowed, a writ was issued, and no costs were awarded.
Headnote
A) Constitutional Law - Writ Jurisdiction - Maintainability under Article 226 against Private Educational Institution - Constitution of India, 1950, Article 226 - The appellants, daily wage lab assistants in a private engineering college, sought enforcement of executive instructions granting pay parity with government employees; the High Court dismissed the writ holding remedy under Industrial Disputes Act. The Supreme Court held that because the institution imparts education, a fundamental right of citizens, an element of public interest arises in regulating service conditions; hence the writ petition is maintainable under Article 226. Held that writ jurisdiction is wide and available when public interest element exists. (Paras 1-2) B) Service Law - Equal Pay for Equal Work - Pay Parity with Government Employees - Constitution of India, 1950, Article 39(d) - Executive instructions issued by the Government gave employees of the private college right to claim pay scales on par with government employees; the college was not receiving grant-in-aid at relevant time. Court held that since element of public interest is present and employees are denied parity while other similarly placed employees who withdrew from writ petition were paid equal pay, appellants cannot be denied same benefit. Held they are entitled to equal pay under Article 39(d). (Paras 1-2)
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution is maintainable against a private unaided educational institution when its employees claim equal pay based on executive instructions, and whether such employees are entitled to equal pay for equal work under Article 39(d) of the Constitution
Final Decision
Appeal allowed. Writ petition held maintainable. Appellants entitled to equal pay on par with Government employees under Article 39(d) of the Constitution. Writ issued. No costs.
Law Points
- Private educational institutions imparting education create an element of public interest
- writ petition under Article 226 maintainable despite alternative remedy under Industrial Disputes Act
- executive instructions granting pay parity enforceable
- employees entitled to equal pay for equal work under Article 39(d) of Constitution
