Back
MANISH CHOUDHURY, DEVASHIS BARUAH
Besuhsai Thuluo – Appellant
Versus
State of Nagaland through the Chief Secretary – Respondent
JUDGMENT :
Manish Choudhury, J.
This intra-court appeal is preferred taking exception to a Judgment and Order dated 29.07.2024 passed by a learned Single Judge in a writ petition, W.P.[C] no. 81 of 2022 which the writ appellant had preferred as the writ petitioner. In the writ petition, assail was inter-alia made to an Office Letter no. ST/3-2/2000[Pt-1]/13 dated 14.04.2022 and an Office Order no. S&T-138/2021/963 dated 20.04.2022. By the Judgment and Order dated 29.07.2024, the writ petition came to be dismissed.
2. The necessary and relevant background facts, which led the writ appellant-writ petitioner [hereinafter referred to as ‘the appellant’, for short] to prefer the writ petition can be exposited, briefly, at first.
3. By an Office Order bearing no. ST/SC-19/04 dated 16.03.2011 issued under the hand of the respondent no. 4, the petitioner came to be appointed as Night Chowkidar on a fixed pay of Rs. 6,000/-per month initially for a period of three months w.e.f. 01.04.2011 to 31.07.2011 in the establishment of the Directorate of Science & Technology, Government of Nagaland, Kohima. The Office Order stated that the fixed pay would be paid from wages pay and extension of service w
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.
The principle of equal pay for equal work mandates that employees performing similar duties must receive the same remuneration, regardless of their employment status.
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.
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 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 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....
Temporary employees performing similar duties as regular employees are entitled to equal pay under the principle of 'equal pay for equal work'.
Point of law: Doctrine of equal pay for equal work, as adumbrated under Article 39(d) of the Constitution of India read with Article 14 thereof, cannot be applied in a vacuum. The constitutional sche....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
