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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KARDAK ETE
Macheri Mongkhia W/o Bamang Loram – Appellant
Versus
State of A.P. – Respondent
| Table of Content |
|---|
| 1. equal pay for equal work. (Para 3 , 4 , 5) |
| 2. discrimination in pay scale and responsibilities. (Para 6 , 7 , 8) |
| 3. defense of wage sufficiency by government counsel. (Para 9 , 10) |
| 4. evaluation of salary enhancements and wage structure. (Para 11 , 12 , 13 , 14) |
| 5. legal definition of equal pay emphasized. (Para 17) |
| 6. court denies relief based on wage adequacy. (Para 18 , 19 , 20) |
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. S. Koyang, learned counsel for the petitioners. Also heard Mr. S. Tapin, learned Senior Government Advocate for the State respondents and Mr. L. Perme, learned Standing Counsel, Power Department.
2. As the issues involved in these two writ petitions are similar, same are heard analogously and disposed of by this common judgment and order.
3. Seeking to invoke the principle of “equal pay for equal work”, these writ petitions are filed by the petitioners for a direction to the respondent authorities to pay salary/wages and other service benefits equal to the salary of regular employees of the same cadre.
4. In WP(C) No. 589/(AP)2024, the petitioners, 45 (Forty-Five) in numbers, are working as casual labourers in different posts, namely, Operator, Lineman, Peon
The principle of 'equal pay for equal work' applies; however, petitioners are already compensated at wage levels equivalent to regular employees, negating claims of discrimination.
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' applies to temporary employees, and denying equal pay for the same work is discriminatory and violative of fundamental rights.
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.
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)
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 are entitled to minimum pay scale and increments equivalent to regular employees under the principle of equal pay for equal work.
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....
Temporary employees performing similar duties as regular employees are entitled to equal pay under the principle of 'equal pay for equal work'.
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