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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M. PRACHCHHAK, J.
Gobarbhai Bhimbhai Gohil – Petitioner
Versus
District Development Officer & Ors. – Respondents
R/Special Civil Application No. 10552 of 2016 With R/Special Civil Application No. 10553 of 2016 With R/Special Civil Application No. 10554 of 2016 With R/Special Civil Application No. 10555 of 2016 With R/Special Civil Application No. 10556 of 2016 With R/Special Civil Application No. 10557 of 2016
Decided On : 28-03-2024
Writ of Mandamus - Employment Dispute - Societies Registration Act - Equal Pay for Equal Work - Regularization of Service - Outsourcing - State Government Policy - Vinodkumar Shivrambhai Rathod vs. State of Gujarat - State of Punjab vs. Jagjit Singh - Union of India vs. Iimo Devi - Vibhuti Shankar Pandey vs. State of Madhya Pradesh
Fact of the Case:
The petitioners, appointed as Daily Wager Drivers, challenged the transfer of their services to an outsourcing agency, seeking regularization, revision of pay, and full-time employee benefits. They were wrongly treated as part-timers to deprive them of benefits.
Finding of the Court:
The Court found that the petitioners were entitled to wages at the minimum of the pay-scale extended to regular employees holding the same post, but not entitled to arrears of salary for past service. The Court directed the respondents to decide on the petitioners' representation within five months.
Issues: The main issues were the wrongful treatment of the petitioners as part-time employees, the deprivation of benefits, and the entitlement to wages at the minimum of the pay-scale.
Ratio Decidendi: The Court applied the principle of 'equal pay for equal work' and referred to the judgments in Vinodkumar Shivrambhai Rathod vs. State of Gujarat and State of Punjab vs. Jagjit Singh to establish the entitlement of temporary employees to wages at par with regular employees holding the same post.
Final Decision: The Court disposed of the petitions, directing the respondents to decide on the petitioners' representation within five months and permitting the petitioners to file a fresh petition if needed.
JUDGMENT :
1. By way of present group of petitions, the petitioners have challenged inaction on the part of the respondents seeking following relief/s:-
2. In Special Civil Application Nos. 10552, 10553, 10555, 10556 and 10557 of 2016, the petitioners have prayed for below mentioned relief/s:-
(b) YOUR LORDSHIPS be pleased to issue the writ of mandamus or any other appropriate writ, order or direction of this Hon'ble Court and be pleased to direct the respondent numbers 1, 2, and 4 to revise the pay of the petitioner with all the consequential benefits as per the relevant notifications and resolutions of the state government.
(c) YOUR LORDSHIPS be pleased to issue the writ of mandamus or any other appropriate writ, order or direction of this Hon'ble Court and be pleased to direct the respondents to treat the petitioner full time employee instead of part-time employee in view of the nature and extent of service rendered by him and be pleased to grant him all the benefits which are admissible to full time employees with all the consequential benefits.
(d) YOUR LORDSHIPS be pleased to issue the writ of mandamus or any other appropriate writ, order or direction of this Hon'ble Court and be pleased to direct the respondents to consider the case of the petitioner for regularization in view of the perennial nature of duties performed by them over a long time.
(e) YOUR LORDSHIPS be pleased to direct the respondents not to terminate the service of the petitioner or alter the service conditions to the prejudice of the petitioner pending the admission, hearing and final disposal of this petition.
(f) YOUR LORDSHIPS be pleased to direct the respondents to grant the petitioner appropriate revised pay in consonance with the relevant notifications and resolutions of the state government pending the admission, hearing and final disposal of this petition.
(g) YOUR LORDSHIPS be pleased to grant such other and further reliefs as may be deemed fit in the interest of justice.
2.1 In Special Civil Application No. 10554 of 2016 the petitioner has prayed for below mentioned relief/s:-
(b) YOUR LORDSHIPS be pleased to issue the writ of mandamus or any other appropriate writ, order or direction of this Hon'ble Court and be pleased to direct the respondents to treat the petitioner full time employee instead of part-time employee in view of the nature and extent of service rendered by him and be pleased to grant him all the benefits which are admissible to full time employee with all the consequential benefits.
(c) YOUR LORDSHIPS be pleased to issue the writ of mandamus or any other appropriate writ, order or direction of this Hon'ble Court and be pleased to direct the respondents to consider the case of the petitioner for regularization in view of the perennial nature of duties performed by him over a long time.
(d) YOUR LORDSHIPS be pleased to direct the respondents not to terminate the service of the petitioner or alter the service conditions to the prejudice of the petitioner pending the admission, hearing and final disposal of this petition.
(e) YOUR LORDSHIPS be pleased to direct the respondents
The main legal point established in the judgment is the entitlement of temporary employees to wages at the minimum of the pay-scale extended to regular employees holding the same post, based on the p....
Petitioners are entitled for minimum time scale of pay and they are bound to serve during regular office hours of an employee on par with regular employees of the same cadre. Therefore, the petitione....
Temporary and contractual employees cannot claim regularization based solely on long service without following established recruitment procedures as mandated by the Constitution.
An employee engaged in same work cannot be paid less than another who performs the same duties and responsibilities such an action is demeaning, strikes at the very foundation of human dignity.
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