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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice C.V. KARTHIKEYAN
K.Jothi – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to an order of the 1st respondent dated 14.05.2024 and quash the same in so far as the petitioners are concerned and to direct the respondents to grant minimum time scale of pay of Rs.18,500/- per month to the petitioners as had been extended in G.O.Ms.No.233, Public Works Department dated 06.12.2019.
2. In the affidavit filed in support of the writ petition it had been contended that the petitioners had been appointed as Nominal Muster Roll (NMR) casual labourer between 2001 and 2015 and continue to discharge work under the respondents. It had been stated that though they had put to continuous uninterrupted work, their services had neither been regularized nor had their salary been brought under the regular minimum time scale of pay.
3. In this connection, it had further been contended that the respondents had passed G.O.Ms.233 Public Works Department date 06.12.2019 wherein, a Screening Committee had been formed to identify the similarly placed workmen like the petitioners and 3407 daily rated casual labourers had been pointed out and granted minimum time scale of pay.
4. Unfo
Recognition of entitlements for long-serving casual workers under employment laws, emphasizing fair treatment and prevention of exploitation by the State.
Temporary employees performing essential functions are entitled to regularization and minimum pay, emphasizing the responsibility of employers to ensure fair treatment and compliance with legal stand....
The court ruled that the failure to include petitioners in the Screening Committee due to administrative delay violated their rights to equal pay under Article 39(d) of the Constitution.
The court affirmed that denying equal pay to similarly situated casual labourers violates constitutional rights, emphasizing the need for timely administrative action.
Government departments must ensure fair employment practices and cannot exploit temporary workers, especially those with long service, by misapplying legal precedents.
The court emphasized the need for fair employment practices and the right to regularization for long-serving temporary employees, as per Supreme Court guidelines.
Equal pay for equal work under Article 39(d) of the Constitution mandates that similarly situated employees must receive the same remuneration, and arbitrary denial violates principles of natural jus....
Temporary and contractual employees cannot claim regularization based solely on long service without following established recruitment procedures as mandated by the Constitution.
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