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SOUMITRA SAIKIA
Malabika Dhar W/o Sanjib Kumar Deb – Appellant
Versus
Sate of Assam – Respondent
JUDGMENT :
SOUMITRA SAIKIA, J.
1. Heard Mr. K. Sarma, learned counsel for the petitioner. Also heard Mr. H.K. Das, learned Standing Counsel, Gauhati High Court, for the respondents no. 1 to 3 and Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 4.
2. This writ petition is filed by the petitioner seeking a writ of mandamus from this Court directing the respondent authorities to take necessary steps enabling the petitioner to draw pay scale of the Record Keeper as per the action plan prepared by the Government of Assam on the basis of the recommendation of the Shetty Commission. The petitioner was appointed as Record Keeper in the establishment of the Presiding Officer, Industrial Tribunal, Silchar in the year 1982. She joined the said Department on 19.07.1981 and she has been working there till her retirement in the year 2022. At the time of her appointment the Industrial Tribunals were under the Department of Labour and Employment of Government of Assam. Subsequently, in the year 2010 all the Tribunals including the Labour Courts were brought under the control of the Gauhati High Court and the Judicial Department of Government of Assam. The petitioner
The principle of 'Equal Pay for Equal Work' is not strictly applied; disparities based on recruitment methods and job responsibilities justify differences in pay.
The principle of equal pay for equal work does not entitle employees to claim parity in pay scales if their recruitment processes differ significantly.
The principle of equal pay for equal work under Articles 14 and 39(d) of the Constitution mandates that employees performing similar duties be compensated equally, regardless of title discrepancies.
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