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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KAKHETO SEMA
S. Elang Konyak – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT :
(KAKHETO SEMA, J.)
Heard Mr. Supongwati Walling, learned counsel for the petitioner and Ms. B. Kithan, learned Government Advocate for the State respondents.
2. The present writ petition has been filed seeking for a direction to the State respondents to grant the minimum scale of pay to the petitioner in the light of the judgment dated 26/10/2016 passed by the Hon’ble Supreme Court in the case of State of Punjab & Others -versus- Jagjit Singh & Others, reported in 2017 (1) GLT (SC) 47.
3. That by the order dated 03/07/1991, the petitioner was appointed as W/C Semi Skilled Labour in the Office of the Executive Engineer (PWD), Aboi Division, Aboi, Nagaland. The petitioner is continuously serving the department for about 31 years without any break in service and is presently paid the revised fixed pay of Rs. 6000/- p.m.
4. That the petitioner submitted the application dated 23/06/2022 to the Chief Engineer, Road & Bridges, NPWD, Nagaland, Kohima, for granting the scale of pay. The application submitted by the petitioner has however not evoke any response, hence the present petition.
5. Mr. Supongwati Wall
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 ....
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.
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....
The main legal point established in the judgment is that temporary employees are entitled to the minimum of the pay scale attached to the post without any increments or allowances, based on the princ....
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