IMPORTANT POINT
The main legal point established in the judgment is the application of the principle of 'equal pay for equal work' and the emphasis on the need for a factual determination of whether employees are discharging the same duties and responsibilities as regular employees, along with the consideration of various dimensions of a given job and the need for an expert body to evaluate and determine the applicability of the principle.

JUDGMENT :

BIREN VAISHNAV, J.

1. The State is in appeal challenging the CAV Judgment dated 29.07.2022 of the learned Single Judge. In a petition filed by the Gujarat Rajya Pachhat Varga Chhatralaya Karmachari Mahamandal wherein the original petitioners – respondents herein had prayed for a declaration that the members of the petitioner – Union are entitled to receive the pay scale as per Government Resolution dated 31.08.2000, the Court, gave the following directions:

“38. Therefore, for the foregoing reasons, the petition succeeds and is accordingly allowed. The members of the petitioner- Union are entitled to get pay scale or at- least minimum pay scale equivalent to the similarly situated employees of Ashram Shalas or hostels getting 100% grant from the State Government.

39. The respondents are directed to fix the same pay scale of similarly situated persons of Ashram Shalas and Hostels getting 100% grant-in-aid for the respective post held by the employees of Hostels getting 90% grant instead of fix pay. Respondent - State authorities are directed to release adequate amount so as to meet with the responsibility of making such payment. Such exercise shall be completed within 12 weeks from the date of receipt of this order.”

2. Briefly stated the facts indicate that it was the case of the petitioner Union that their members are working as Wardens, Assistant Wardens, Cooks, Assistant Cooks and Watchman in the Hostels and Ashramshalas. The hostels are run by NGOs for backward classes having 90% grant from the Government and the members are receiving an honorarium where similarly situated employees of hostels run through receipt of 100% grant from State are getting pay scales prescribed by the State Government. Even when engaged by Ashramshalas, it is their case that having an identical procedure for appointment, qualification and duties in both cases and there being commonality of work and nature of duties of the members of the petitioner – Union with that of employees in Government Institutions, the petitioners are entitled to ‘equal pay of equal work’.

3. The learned Single Judge after considering the decisions of the Supreme Court, particularly in the case of State of Punjab and others v. Jagjit Singh and others reported in (2017) 1 SCC 148 held thus:-

“36. Secretary, State of Karnataka v. Umadevi, decided by a five-Judge Constitution Bench: Needless to mention, that the main proposition canvassed in the instant judgment, pertained to regularization of government servants, based on the employees having rendered long years of service, as temporary, contractual, casual, daily-wage or on ad-hoc basis. It is, however relevant to mention, that the Constitution Bench did examine the question of wages, which such employees were entitled to draw. In paragraph 8 of the judgment, a reference was made to civil appeal nos. 3595- 612 of 1999, wherein, the respondent-employees were temporarily engaged on daily-wages in the Commercial Taxes Department. As they had rendered service for more than 10 years, they claimed permanent employment in the department. They also claimed benefits as were extended to regular employees of their cadre, including wages (equal to their salary and allowances) with effect from the dates from which they were appointed. Even though the administrative tribunal had rejected their claim, by returning a finding, that they had not made out a case for payment of wages, equal to those engaged on regular basis, the High Court held that they were entitled to wages, equal to the salary of regular employees of their cadre, with effect from the date from which they were appointed. The direction issued by the High Court resulted in payment of higher wages retrospectively, for a period of 10 and more years. It would also be relevant to mention, that in passing the above direction, the High Court had relied on the decision rendered by a three-Judge bench of this Court in Dharwad District PWD Literate Daily-Wage Employees Associatio