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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.SATHYA NARAYANA PRASAD, J
N. Vijayakumar – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
1. This writ petition has been challenging the impugned order passed by the second respondent vide proceedings Order No. S.4(1)/30584/2021 dated 03.03.2023 and further directing the respondents to grant a minimum time scale of pay of Rs.18,500/- per mensum applying equal pay for equal work under
2. The case of the petitioners is that they were all appointed as Daily Rated Casual Labourers since 01.06.1998, 01.01.1990 and 01.06.2004 respectively, and the service particulars of the respective petitioners are annexed to the typed set of papers. They are all rendering services under Nominal Muster Roll (NMR) and have continued as such as on date.
3. The Government by a Policy Decision came up with a proposal that in view of their continuous, uninterrupted services which is required in the Irrigation Management under the Water Resources Organization (WRO), issued an order in G.O.Ms.No.233, Public Works Department dated 06.12.2019, arriving at a total of about 3407 such daily rated casual labourers who ar
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....
The court affirmed that denying equal pay to similarly situated casual labourers violates constitutional rights, emphasizing the need for timely administrative action.
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 principle of 'equal pay for equal work' applies; however, petitioners are already compensated at wage levels equivalent to regular employees, negating claims of discrimination.
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....
Temporary employees performing identical duties to regular workers are entitled to minimum time scale of pay under the principle of Equal Pay for Equal Work.
The principle of 'equal pay for equal work' applies to temporary employees, and denying equal pay for the same work is discriminatory and violative of fundamental rights.
Daily wage employees are entitled to minimum time scale pay under the principle of 'equal pay for equal work', regardless of appointment cut-off dates.
Temporary employees are entitled to minimum pay scale and increments equivalent to regular employees under the principle of equal pay for equal work.
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