In order to establish a claim for equal pay for equal work, the claimant must show that the duties, functions, and responsibilities of the two positions are equal.

1. - The petitioner has filed this writ petition on the ground that the petitioner may be made permanent on the post of peon and regular pay scale may also be given to him. A prayer has also been made that the service conditions should have been regularised by standing orders as per provisions of the Industrial. Employment Standing Order Act or in the Service Rules, which are framed for other employees of the same department but the same are not so governed.

2. The petitioner was appointed on daily wages basis in March 1987. The daily wages were increased from time to time. His services were terminated and by order dated 2.1.1991 passed by this Court in S.B. Civil Writ Petition. No. 2089/89 the order terminating the services was set aside and the petitioner was directed to be taken back. Since then it is submitted that the petitioner is working only daily wages have been paid. The claim is made that the petitioner is discharging the same and identical job which has been performed by a permanent peon, and the only plea which has been raised and pressed by the learned counsel for the petitioner is that the petitioner should be given the same pay scale as is being paid to the peons. It is submitted that the continuation of the petitioner on daily wages is an unfair labour practice and the provisions of Industrial Disputes Act are violated.

3. At the time of arguments, learned counsel for the petitioner has stated that the matter is not governed by the Industrial Disputes Act and the relief is restricted for equal pay on the basis of equal work performed.

4. The respondents have come with the plea that the petitioner has worked for 394 days and on his own will stopped coming to work. He was taken back in view of the judgment given by this court and is being paid wages on daily wages basis. It is stated that the work of the petitioner was only critically scrutinised as to whether it was satisfactory or not and he was engaged for specific work and is not performing the duties identical to that of regularly selected Class IV employees. It is further stated that the regularly appointed employees are assigned work and responsibility whereas the daily wagers are engaged as and when the work load increases and other employees engaged on daily wages basis are not accountable to the department. They are also not generally subjected to any disciplinary action. It was also stated by the learned counsel for the respondents that the facts of the present case are disputed one and the writ petition should not be entertained where such a disputed questions of fact are involved.

5. I have considered over the matter. In the case of State of West Bengal and others v. Hari Narayan Bhowal and others, (1994) 4 SCC 78 , the decision of Delhi Veterinary Assn. v. Union of India, (1984) 3 SCC 1 was taken into consideration where it was observed as under :

"The degree of skill, strain of work, experience involved, training required, responsibility undertaken, mental and physical requirements, disagreeableness of the task, hazard attendant on work and fatigue involved are, according to the Third Pay Commission, some of the relevant factors which should be taken into consideration in fixing pay scales. The method of recruitment, the level at which the initial recruitment is made in the hierarchy of service of cadre, minimum educational and technical qualifications prescribed for the post, the nature of dealings with the public, avenues of promotion available and horizontal and vertical relativity with other jobs in the same service or outside are also relevant factors."

6. The decision in the case of State of U.P. v. J.P. Chaurasia (198) 1 SCC 121 was also considered and it was found that where two posts are equal or should carry the equal pay, depends on several factors. It does not depend just upon either the nature of work of the volume of work done. Primarily it requires among others, evaluation of duties and responsibilities of the respective pos