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ROBIN PHUKAN
Heshito Sema – Appellant
Versus
State Of Nagaland, represented by The Commissioner and Secretary/Secretary, Urban Development Dept. , Govt. Of N/L, Kohima – Respondent
JUDGMENT :
1. This application, under Article 226 of the Constitution of India, is preferred by the petitioner, namely, Mr. Heshito Sema for issuing direction to the respondent authorities to regularize his service and also direct the respondent authorities to pay the scale of pay in terms of ROP-2010 and the ROP-2017 with arrears.
2. The factual background leading to filing of the present petition is briefly stated as under:-
The main legal point established in the judgment is the need to interpret beneficial legislation liberally to achieve the legislative intent and uphold the principle of equal pay for equal work.
The principle of equal pay for equal work mandates that employees performing identical duties must receive the same remuneration, regardless of their employment status.
Point of Law : Principle of “equal pay for equal work” has also been extended to temporary employees (differently described as work-charge, daily wage, casual, ad hoc, contractual, and the like)
The court established that eligibility for regularization and pensionary benefits must be determined based on the criteria set forth in applicable regulations, and that such benefits cannot be claime....
The main legal point established in the judgment is the entitlement of the petitioner to regularization in his service against the lowest scale of pay permissible for Grade-IV employees within the PH....
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 main legal point established in the judgment is that the petitioner's entitlement to regularization of service was upheld based on previous judgments and orders, the discrimination faced by the p....
In determining equality of functions and responsibilities, under principle of ‘equal pay for equal work’, it is necessary to keep in mind, that duties of two posts should be of equal sensitivity, and....
Temporary employees performing the same duties as regular employees are entitled to minimum wages as per the equal pay principle, asserting their right to equitable treatment.
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