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2004 Supreme(Ker) 251

KURIAN JOSEPH
M. M. Mercy – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Part-time employees are expected to render part-time service in Government offices. But many of them have been on the corridors of this Court as full time litigants for quite sometime. Despite several rounds of litigation they are denied at least part-time peace in service.

2. Equal pay for equal work is one of the social and economic goals enshrined in the Constitution of India Article 39 mandates that the State should avoid discrimination amongst the people doing similar work in matters relating to pay. It is a constitutional obligation of the State. As the Supreme Court observed the constitutional philosophy must be allowed to become a part of every man in this country: than only would the Constitution reach everyone and he or she would be nearer the goals set by it. (Dharward P.W.D. Employees Association v. State of Karnataka, (1990) 2 SCC 396). In the celebrated decision of the Supreme Court in Daily Rates Casual Labour v. Union of India, (1986) 1 SCC 122, the apex court considered the plight of the employees in the lowest rungs of the service. It was held therein as follows:

“The State cannot deny at lest the minimum pay in the pay scales of regularly employed workm




























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