SC: Temporary staff should be paid on par with regular ones
AmitAnand Choudhar y
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New Delhi
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`Follow Equal Pay For Equal Work Principle'
In what comes as a relief for lakhs of temporary employees who have been hired by government departments and agencies across the country on contractual basis, the Supreme Court held on Wednesday that they are entitled to wages on par with permanent staff under the `equal pay for equal work' principle.A bench of Justices JS Khehar and SA Bobde said the principle of `equal pay for equal work' constitutes a clear and unambiguous right vested in every employee, whether engaged on regular or temporary basis.
“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 ... 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 judge ments rendered by the apex court and constitutes law declared by the Supreme Court.
“Any act of paying less wages as compared to others similarly situated, 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,“ Justice Khehar said.
The court passed the verdict on petitions filed by temporary employees working for Punjab seeking wage parity with regular employees. They approached the SC after the Punjab and Haryana HC held that temporary employees were not entitled to the minimum of the regular pay-scale.
Setting aside the HC order, the SC held that the principle of `equal pay for equal work' must be followed as India is a signatory to the International Covenant on Economic, Social and Cultural Rights. “ 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. 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.
“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 ... 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 judge ments rendered by the apex court and constitutes law declared by the Supreme Court.
“Any act of paying less wages as compared to others similarly situated, 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,“ Justice Khehar said.
The court passed the verdict on petitions filed by temporary employees working for Punjab seeking wage parity with regular employees. They approached the SC after the Punjab and Haryana HC held that temporary employees were not entitled to the minimum of the regular pay-scale.
Setting aside the HC order, the SC held that the principle of `equal pay for equal work' must be followed as India is a signatory to the International Covenant on Economic, Social and Cultural Rights. “ 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. 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.
Source: Times of India, 27-10-2016
