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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT PORT BLAIR
SABYASACHI BHATTACHARYYA, AJOY KUMAR MUKHERJEE
Port Blair Municipal Council – Appellant
Versus
Nagar Palika Shramik Sangh – Respondent
JUDGMENT :
SABYASACHI BHATTACHARYYA, J.
1. Both the appeals arise out of connected matters and hence are taken up together for hearing. The appeals arise out of two writ petitions filed by the Nagar Palika Sharmik Sangh, a Union of Daily Rated Mazdoors (DRMs) working with the Port Blair Municipal Council (PBMC). The concerned DRMs in the matter out of which MAT/10/2024 arises where initially engaged with the Andaman Public Works Department (APWD) and later on taken in on the rolls of the PBMC whereas those in MAT/11/2024 have been all along working with the PBMC.
2. The brief facts of the case are as follows:
3. By an Office Memorandum dated June 7, 1988 issued by the Government of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel and Training, in respect of engagement of casual workers in Central Government offices, certain guidelines were issued. Clause (i) of the same is important in the present context, which provided that where the nature of work entrusted to the casual workers and regular employees is the same, the casual workers may be paid at the rate of 1/30th of the pay at the minimum of the relevant pay scale plus dearness allowance for wor
The court ruled that the failure to include petitioners in the Screening Committee due to administrative delay violated their rights to equal pay under Article 39(d) of the Constitution.
The court affirmed that denying equal pay to similarly situated casual labourers violates constitutional rights, emphasizing the need for timely administrative action.
The court established that casual/daily rated workers engaged prior to a specified date are entitled to benefits under government memoranda, regardless of their engagement against sanctioned posts.
Temporary employees performing similar duties as regular employees are entitled to equal pay under the principle of 'equal pay for equal work'.
The main legal point established in the judgment is the application of the principle of 'equal pay for equal work' under Article 14 of the Constitution of India, emphasizing the need for parity in fu....
The principle of equal pay for equal work applies to casual employees performing similar duties as regular staff, entitling them to compensation at 1/30th of the relevant pay scale.
Point of law : Daily wage employees employed by the State Government would be entitled to equal pay for equal work that they render under the State Government If a Government servant is entitled to 1....
The court affirmed that casual workers are entitled to the minimum of the pay scale for their roles based on the principle of 'equal pay for equal work', as established in relevant Supreme Court ruli....
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