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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
Gajanan Namdeo Oge – Appellant
Versus
Vasai-Virar City Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petition under art.226 for equal pay post-merger absorption. (Para 1 , 2 , 3 , 4) |
| 2. similar duties entitle equal pay per jagjit singh. (Para 5 , 6) |
| 3. backdoor appointments ineligible for regularization (umadevi). (Para 7 , 8) |
| 4. equal pay for equal work constitutional under arts.14,16,39(d). (Para 9 , 10 , 11 , 12) |
| 5. merger employees get pay parity despite initial irregularities. (Para 13 , 14 , 15) |
| 6. direct pay parity, arrears with 8% interest. (Para 16 , 17 , 18) |
JUDGMENT :
G.S. KULKARNI, J.
1. Rule. Respondents waive service. With the consent of the parties heard finally.
2. The Petitioners, who are 28 in number, have filed this Petition under Article 226 of the Constitution of India, espousing the principle of equal pay for equal work. At the outset, the prayers as made in the Petition are required to be noted, which read thus:-
“a. this Hon'ble Court be pleased to issue writ of Mandamus or writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the Respondents to pay Salary to the Petitioners as per the regular pay scale along with all other monetary benefits, allowances and arrears
Equal pay for equal work applies to absorbed employees from merged entities performing identical duties as regulars, entitling pay scale parity, benefits, arrears despite initial lump sum irregular a....
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.
Point of law: A scale of pay is attached to a definite post and in case of a daily-wager, he holds no post. The respondent workers cannot be held to hold any posts to claim even any comparison with t....
The principle of equal pay for equal work mandates that employees performing similar duties must receive the same remuneration, regardless of their employment status.
The principle of equal pay for equal work mandates that employees performing identical duties must receive the same remuneration, regardless of their employment status.
The principle of 'equal pay for equal work' entitles temporary employees performing similar duties to receive at least the minimum pay of regular employees.
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