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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
M.A. CHOWDHARY
Ali Mohammad Mir – Appellant
Versus
State of J&K (now UT) – Respondent
JUDGMENT :
01. (48) Petitioners have filed this Petition with a common cause, asserting therein that they, on being engaged, had been working as Safaiwalas with the Respondents in various dispensaries of the Indian System of Medicine under its Directorate on monthly wages of Rs. 100, Rs. 200 or Rs.900 for the last more than 15 years and that they had been discharging their duties like other regular employees working in the Respondent-Department to the satisfaction of their superior officers; that despite their requests on a number of times, the Respondents neither enhanced the wages of the Petitioners in order to enable them to meet their day-to-day requirements and to lead a dignified life, nor regularized their services on the pattern of regular employees working in the Department.
02. It has been further pleaded that some of the Petitioners approached this Court in the year 2010 by filing SWP No. 1256/2010 titled “Abdul Ahad Sheikh & Ors. v. State of J&K & Ors.”, wherein they had sought directions upon the Respondents to release pay to the Petitioners therein at least as per the Minimum Wages Act, 1948 and the Respondent No.4-Directorate of Indian System of Medicine, J&K, on the b
The right to minimum wages under the Minimum Wages Act is fundamental for dignity, and full-time workers cannot be denied this right based on part-time classification.
The principle of 'equal pay for equal work' entitles temporary employees performing similar duties to receive at least the minimum pay of regular employees.
State employees cannot be retained in casual status indefinitely without regular appointments; entitlement exists for consistent compensation and engagement under established rules.
Temporary employees performing scheduled employment are entitled to minimum wages under the Minimum Wages Act, regardless of employer claims about their part-time status.
Workers, even if on a part-time basis, are entitled to minimum wages under the Minimum Wages Act, 1948, prioritizing statutory provisions over executive orders.
Part-time employees cannot be regularised without a sanctioned post and proper recruitment process, as established by Supreme Court precedents.
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.
The main legal point established in the judgment is the principle of 'equal pay for equal work' and the applicability of the Circular to part-time employees working for less than four hours.
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....
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