JUDGMENT

D. Raju, J.-

Civil Appeal No. 7342 of 1993 :

The respondents in this appeal, who are N.M.R. workers, have filed Writ Petition in the High Court of Orissa for payment of remuneration on the same scale and basis paid to the regularly employed staff, claiming that they are discharging the same duties and functions, invoking the principle of equal pay for equal work . They also sought for regularization of their services on the ground that they have been found working for considerably long period of time to justify their regularization. The appellant-State contested the claim by contending that the duties and responsibilities of the employees in the regular establishment were more onerous than that of the duties of N.M.R. workers, who are employed in various projects on daily basis and that their engagement also depended on the availability of the work in the different projects and consequently, they cannot claim any parity for equal pay. The Division Bench of the High Court by a judgment dated 10.3.1992 upheld the claim for regularization by observing that the said aspect of the matter was not seriously challenged. As for the claim for equal pay, the High Court was of the view