Entitlement to equal pay for equal work under the Industrial Disputes Act based on completion of 240 days of service in a year.

Swatantar Kumar, J.

1. Admitted. Pleadings of the parties are complete. By consent, writ petition placed on board and called out for hearing.

2. 43 petitioners have approached this Court by this writ petition under Article 226 of the Constitution of India praying for a direction to the respondents that since they have completed 240 days during a period of 12 calendar months as prescribed under Clause (a) of Sub-section (2) of, Section 25(B) of Industrial Disputes Act 1947, they be granted same salary and allowances which are being granted to regular employees holding the same/similar posts. The petitioners are working on daily wages on different jobs. The petitioners, therefore, pray that the principle of equal pay for equal work be applied and they be paid pay and allowances admissible to them under the rules. In support of this contention, petitioners rely upon the decision of this Court in Ajmer and Ors. v. State of Haryana and Ors., (C.W.P. No. 11175 of 1992, decided on December 2, 1993).

3. Mr. V.P. Gupta, Executive Engineer, P.W.D. filed a written statement on behalf of respondents Nos. 1, 2 and 3., It is stated "they did not complete 240 days service continuously." , The substance of the written statement, is. that since the petitioners have not completed 240 days service in a year (calendar year), they are not entitled to the relief in terms of the judgment in Ajmer and Ors. v. State of Haryana and Ors. (Supra).

4. After hearing the learned counsel for the parties, we are of the opinion that the petitioners would be entitled to the same relief which was granted to the petitioners in Ajmer and Ors. v. State of Haryana and Ors. (Supra). However, the respondents will have to verify as to whether the petitioners have completed/actually worked for 12 calendar months preceding the date of filing this writ petition. If they have worked in terms of Clause (a) of Sub-section (2) of Section 25(B) of Industrial Dispute Act, 1947, the petitioners in Ajmer and Ors. v. State of Haryana and Ors. (Supra). Respondents to verify the claim of each petitioner in terms of the judgment of this Court in Ajmer and Ors. v. State of Haryana and Ors. (Supra) and grant them the benefit in accordance therewith. It is further clarified that the relief in the present writ petition is restricted to only for equal pay for equal work and question of regularisation is not the subject matter of relief in this writ petition.

5. This writ petition stands disposed of in the above terms. There is no order as to costs.