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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT KOHIMA BENCH
UNNI KRISHNAN NAIR
V. Inali – Appellant
Versus
State of Nagaland – Respondent
| Table of Content |
|---|
| 1. employment status and pay scale claims (Para 3 , 4) |
| 2. arguments for wage parity (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. issues arising for consideration (Para 12 , 13 , 14) |
| 4. principles for pay parity and regularization (Para 15 , 16) |
| 5. court's decision and orders (Para 17 , 18 , 19 , 20) |
JUDGMENT :
UNNI KRISHNAN NAIR, J.
1. Heard learned counsel for the petitioners, Mr. Toshi O. Longkumer. Also heard learned Government Advocate, Mr. E. Thiba Phom. .
2. The above noted writ petitions, having raised similar or identical issues, reliefs, prayed for, also being one and the same, with the consent of the parties, were taken up for hearing analogously and are being disposed of by this order.
3. The petitioners, in the above noted writ petitions, have prayed for authorizing to them salaries, at par with the salaries authorized to regular Warders, serving in various establishments under the Director General of Prisons, Department of Prisons, Nagaland. The petitioners have also prayed for formulation of a scheme/policy for regularization of their services, by also reserving 50% of the vacancies arising in the cadre of Warder, for the purpose of effecting regularization of their s
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.
Temporary employees performing similar duties as regular employees are entitled to equal pay under the principle of 'equal pay for equal work'.
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 principle of equal pay for equal work mandates that employees performing identical duties must receive the same remuneration, regardless of their employment status.
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....
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....
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