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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KAKHETO SEMA
H. Pangnyei K – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT :
KAKHETO SEMA, J.
Heard Ms. H. Zeliang, learned counsel for the petitioners and Ms. Inaholi, learned Government Advocate for the State respondents.
2. The present writ petition has been filed for a direction to the State respondents to grant the minimum scale of pay to the petitioners.
3. That the petitioner No.1 was appointed as a fixed pay work-charged labour on 21/07/1991 at PHG Phomching under the establishment of the Executive Engineer, Public Works Department (R&B), Mon Division, Mon, Nagaland. The petitioner has been continuously serving the department for over 31 years and is presently paid the revised fixed pay of Rs. 5250/- p.m.
4. That the petitioner No.2 was appointed as a fixed pay work-charged labour on 21/06/1992 at PHG Phomching under the establishment of the Executive Engineer, Public Works Department (R&B), Mon Division, Mon, Nagaland. The petitioner has been continuously serving the department for over 30 years and is presently paid the revised fixed pay of Rs. 5250/- p.m.
5. That the petitioner No.3 was appointed as a fixed pay work-charged labour on 10/05/2001 at PHG Phomching under
The burden of proof for equal pay claims lies with the petitioners, who must demonstrate they perform identical duties as regular employees to be entitled to the minimum pay scale.
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 the principle of equal pay for equal work, which applies to temporary employees and prohibits the denial of pay parity to employees performing the ....
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: A scale of pay is attached to a definite post and in case of a daily-wager, he holds no post. The respondent workers cannot be held to hold any posts to claim even any comparison with t....
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 affirmed that casual workers are entitled to the minimum of the pay scale for their roles based on the principle of 'equal pay for equal work', as established in relevant Supreme Court ruli....
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