The principle of equal pay for equal work applies to employees with irregular appointments, ensuring they receive minimum pay-scale despite not being regularly selected.

JUDGMENT :

(BIREN VAISHNAV, J.)

1. In all these appeals filed by the Rajkot Municipal Corporation as well as the employees challenge is to the the order of the learned Single Judge dated 21.10.2019.

2. Briefly stated, the employees who are the applicants before the Gujarat Secondary Education Tribunal, had approached the Tribunal seeking relief of regularization and pay-scale. It was their case that, they were performing duties with the Corporation on a fixed remuneration. They were entitled, according to them, to a regular salary in a regular pay-scale. They, accordingly, have prayed for regularization.

2.1 The Tribunal by separate orders in each of the applications partly allowed the applications, inasmuch as the relief of regularization was refused, whereas, the Tribunal granted ‘equal pay for equal work’. Those orders of the Tribunal were challenged by the Corporation and by some employees.

2.2 The learned Single Judge by the Judgment under challenge confirmed the orders of the Tribunal in so far as it denied regularization, however, the learned Single Judge directed the Corporation to grant minimum of pay-scale, which is extended to a regular teacher, to the respondent teachers from the date of their initial appointment instead of regular salary as ordered by the Tribunal. Para-20 of the order reads as under :

“20. On the backdrop of the aforesaid observations and in light of the directions in the case of Jagjit Singh (Supra) the present writ petition is allowed in part. The petitioner- Corporation is directed to grant minimum of the pay scale ( at the lowest grade, in the regular pay scale), which is extended to the regular teacher to the respondent-teachers from their date of their initial appointment instead of regular salary as ordered by the Tribunal. The petitioner-Corporation is also directed to fix and revise their retirement benefits accordingly and pay necessary arrears to them in the cases of retired teachers. The entire exercise shall be undertaken within a period of three months from the date of receipt of a copy of this order, and the necessary orders in terms of the directions of this Court shall be passed within the stipulated time. The judgment and order of the Tribunal is modified to the aforesaid extent.”

3. Learned counsel Mr. Gadhia, appearing for the appellants in the appeals at the hands of the Corporation, would submit that since there was no pleading for equal pay for equal work to claim entitlement, the Tribunal as well as the learned Single Judge committed an error in granting relief as prayed for, moreover the learned Single Judge directed to grant minimum of pay-scale from the date of their initial appointment when they were not regularly selected, such a direction is contrary to law. The employees in their turn have challenged the order of the learned Single Judge on the ground that granting of minimum pay-scale was not correct and regular salary ought to have been granted.

4. We note that pending the appeals on the appeals being admitted, this Court on 13.07.2022 passed the following order :

“R/LETTERS PATENT APPEAL NO. 815, 816, 817, 818, 819, 820 & 821 of 2022 :

ADMIT. Ms.Mamta Vyas, learned advocate waives service of admission on behalf of respondent No.1.

To be heard with Letters Patent Appeal No.625 of 2020.

ALL CIVIL APPLICATIONS (FOR STAY) NO. 1 of 2020 :

1. Rule. Ms.Mamta Vyas, learned advocate waives service of Rule on behalf of respondent No.1.

2. Having heard Mr.Kamal Trivedi, learned Advocate General with Mr.K.V.Gadhia, learned advocate for the appellants and Ms.Mamta Vyas, learned advocate for respondent No.1, we deem it fit to pass following order, subject to rights and contentions of both the parties:

“As far as arrears of salary is concerned, the Corporation shall pay 50% of arrears to each of the respondents, within a period of eight weeks from today and remaining 50% amount towards arrears shall be deposited with the registry of this Court. Registry shall invest the same in any Nationalis