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S. SERTO, KAKHETO SEMA
State Of Nagaland – Appellant
Versus
Hesheni Sumi – Respondent
JUDGMENT :
KAKHETO SEMA, J.
The present appeal has been preferred by the State appellant against the order dtd. 14/6/2022 passed by the learned Single Judge directing the State to pay to the respondent/petitioner the minimum scale of pay of sweeper along with arrears from the date of filing of the writ petition within 4(four) months from the date of receipt of the certified copy of the order.
2. The facts of the case in brief is narrated as follows;
(i) That by an order bearing No. NL/ESTT/10/ADMN/2008 dt. 8/8/2012, the writ petitioner was appointed as a sweeper on contingency basis in the Office of the Extra Assistant Commissioner, Aghunaqa under the establishment of the Addl. Deputy Commissioner, Nuiland, Nagaland, on a fixed pay of Rs.3000.00 P.M. which has been enhanced to Rs.3450.00 P.M.
(ii) The writ petitioner, it is contended, discharges the same work and duties as those sweepers appointed on regular basis. The category of post held by the writ petitioner and the regularly appointed sweeper is also the same. The writ petitioner is however paid only a fixed pay of Rs.3450.00 P.M whereas the sweeper appointed on regular basis are granted salary in accordance with the revision of p
The principle of equal pay for equal work mandates that employees performing identical duties must receive the same remuneration, regardless of their employment status.
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 principle of equal pay for equal work applies to temporary employees and extends to various categories of temporary employees, as establis....
The main legal point established in the judgment is the principle of equal pay for equal work, which applies to temporary employees and prohibits the denial of pay parity to employees performing the ....
The principle of 'equal pay for equal work' entitles temporary employees performing similar duties to receive at least the minimum pay of regular employees.
The court upheld that fixed pay contingency employees do not qualify for regularization under work-charged employee policies, emphasizing the need for adherence to established criteria.
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)
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