State of Punjab & Ors. vs Jagjit Singh - Supreme Court Important Judgment

State of Punjab & Ors. vs Jagjit Singh - Supreme Court Important Judgment 2016 - 

 

On 26th October, 2016, in the case of State of Punjab & Ors. vs Jagjit Singh & Ors. [Civil Appeal No. 213 of 2013], the legal parameters with reference to the application of the principle of ‘equal pay for equal work’, in relation to temporary employees (dailywage employees, ad-hoc appointees, employees appointed on casual basis, contractual employees and the like) were examined by the Supreme Court.


All the concerned temporary employees in the present set of appeals were appointed against posts which were also available in the regular cadre / establishment; and were being randomly deputed to discharge duties and responsibilities, which at some point in time, were assigned to regular employees. Likewise, regular employees holding substantive posts, were also posted to discharge the same work, which was assigned to temporary employees, from time to time. It was accordingly held that there was no room for any doubt, that “the duties and responsibilities discharged by the temporary employees in the present set of appeals, were the same as were being discharged by regular employees.” Further, it was not the case of the appellants, that the respondent-employees did not possess the qualifications prescribed for appointment on regular basis; and furthermore, it was not the case of the State, that any of the temporary employees would not be entitled to pay parity, on any of the principles summarized in paragraph 42 of the judgment. Accordingly, it was held that there can be no doubt, that the principle of ‘equal pay for equal work’ would be applicable and all the concerned temporary employees “would be entitled to draw wages at the minimum of the pay-scale (- at the lowest grade, in the regular pay-scale), extended to regular employees, holding the same post.”

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