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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
HON'BLE SMT. JUSTICE MUKULIKA SHRIKANT JAWALKAR
Council of Scientific & Industrial Research, Through its Director General – Appellant
Versus
Deputy Chief Labour Commissioner – Respondent
JUDGMENT :
M.S. JAWALKAR, J.
(1) Heard finally by consent of learned Counsel for the respective parties.
(2) By this Petition, the Petitioners have challenged the order dated 28/12/2013 passed by the Respondent No. 1 – Deputy Chief Labour Commissioner, Mumbai by which the Petitioners were directed to make parity with regular workers directly employed by the Petitioner No. 2 - NEERI and fix their pay in a revised pay band and scale of Rs. 5200-20200 (PB-1) on the basis of the letter dated 21/07/2010 issued by the Joint Secretary (Admin) of the parent Ministry.
(3) The facts giving rise for filing of the present Writ Petition are as under.
(4) The Petitioner No. 2, a Research Institution, owned and funded by the Government of India, invited tender and accordingly awarded a job contract to the Respondent No. 4 for the period from 01/09/2008 to 31/08/2009 for the specified work concerning Job No. 1 i.e. cleaning, sanitation, housekeeping; Job No. 2 i.e. Horticulture; and Job No. 3 i.e. various jobs/activities related to externally funded projects to be executed by the Respondent No. 4 at NEERI headquarters, Nagpur and its zonal laboratories at Mumbai, New Delhi, Kolkata, Chennai and Hyderab
The Deputy Chief Labour Commissioner has jurisdiction to determine wage parity for contract workers performing similar work as regular employees under Rule 25(2)(v)(a) of the CL (R & A) Central Rules....
The main legal point established in the judgment is the statutory right conferred by Rule 25(2)(v)(a) of the 1971 Rules, which guarantees parity in wages and benefits to contract labours engaged with....
The authority rightly ensured wage parity for contract workers under comparable conditions; contract labourers deserve equal pay for similar work, reflecting principles of fair treatment.
Point of law: Labour Law – arrears of pay – Court need not advert to the submissions made on behalf of the management as the same would tantamount to adjudication of the controversy on merits.
Point of law : In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage....
Appeal against order relegating contract labourers' equal wage claim to Industrial Disputes Act forum dismissed, as relegation stemmed from principal employer's own objection; liberty to contest juri....
The court reinforced that contractual lecturers cannot claim equal pay as ad-hoc or regular professors due to foundational differences in recruitment, duties, and pay structure, thus affirming the pr....
The principle of 'equal pay for equal work' as established by the Hon'ble Supreme Court was applied by the court to issue the direction for payment of salary in the minimum of the pay scale.
A judgment contrary to the evidence or without evidence is perverse. Concession of counsel on such facts and law does not bind the party.Master-servant relationship.
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