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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
SUDESH BANSAL
Indira – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
SUDESH BANSAL, J.
1. By means of filing instant civil writ petition under Article 226 of the Constitution of India, petitioner is claiming regularisation of her services as Cook and for grant of regular pay-scale. In alternative, counsel for petitioner has prayed that petitioner is at least entitled to get minimum wages at the current rate of minimum wages payable to a skilled IV Class employee under the Minimum Wages Act, 1948 (as amended) (for short 'the Act of 1948').
2. It has inter alia been pleaded and argued by and on behalf of petitioner that she was appointed as Cook by the Mess Committee w.e.f. 17.09.1999 and since then petitioner is discharging her duties as a full time Cook in the Government Hostel, run by the Government of Rajasthan and since the appointment of petitioner is against the sanctioned post of Cook, she is eligible for regularisation as also to get the regular pay-scale of the Cook/ IV Class employee.
3. Alternative submission of counsel for petitioner is that even if petitioner is not found eligible for regularisation and regular pay- scale, at least, she is entitled to get minimum wage for rendering service as full time Cook in the Government Hostel,
The principle of 'equal pay for equal work' applies, entitling the petitioner to minimum wages despite the denial of regularization.
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....
The principle of 'equal pay for equal work' as established by the Hon'ble Supreme Court was applied by the court to issue the direction for payment of salary in the minimum of the pay scale.
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.
Part-time employees cannot be regularised without a sanctioned post and proper recruitment process, as established by Supreme Court precedents.
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....
The principle of 'equal pay for equal work' entitles temporary employees performing similar duties to receive at least the minimum pay of regular employees.
Article 38(1) enjoins the State to strive to promote welfare of the people by securing and protecting as effective as it may a social order in which justice - social, economic and political shall inf....
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