The principle of 'equal pay for equal work' entitles daily wagers to draw wages at the minimum of the pay scale extended to regular employees holding the same post.

JUDGMENT

Jitendra Chauhan, J. - Through the instant writ petition, the petitioners seek direction to the respondents to grant them minimum pay scale attached to Class-IV posts on which the petitioners have been performing identical duties to regular employees and further to make the payment through bank account every month and also to maintain a proper record of services rendered by them as daily wagers, duly signed from the competent designated officer.

2. The petitioners are working in the respondent-department. They were recruited as daily wagers between the years 1996 to 2006 as Cleaners and Beldars. They have been performing identical duties which are being performed by the regular Cleaners and Beldars working in the Animal Husbandry Farm, Nabha whereas, the petitioners are being paid on daily wages as per the rate fixed by the Deputy Commissioner from time to time. The petitioners have been working with complete dedication and sincerity, however, they are not being given the minimum pay scale.

3. As per the reply filed on behalf of the respondents, the petitioners were never recruited by respondent No.4 on regular basis or on temporary basis, rather they have been working under a contractor. In accordance with the Director Animal Husbandry Department, Punjab, Chandigarh letter No. 22762 dated 19.08.1996, Annexure R-1, the office of respondent No.4 after seeking quotation from various contractors used to give contract for accomplishing various works at Nabha Farm. It was the contractor who deputed work force for completing the tasks. The office of respondent No.4 has not engaged any worker directly. The contractor deputed workers at his own level in which the office of respondent-department had no role to play. The payment to the contractor in lieu of the work done by him was made through treasury cheques at the rates fixed in the contract. However, subsequently, for the year 2011-12, it was decided that in view of rule 8(i) of Appendix-8 of Punjab Financial Rules Volume-I, such work should be got advertised in the press in a consolidated tender notice. Accordingly, tender notice was duly published in Chardikala newspaper on 01.06.2011 wherein sealed tenders were invited from registered firms/contractors for taking care of livestock, cutting of fodder and for supplying the same to the sheds of livestock and in addition to it, for getting the agriculture and other works done at farm through labour. Contractors Sh. Ajaib Singh of Patiala and Sh. Harjit Singh Zakhmi of Nabha were found successful for various works. Thus, the question of present petitioners being appointed by the respondent department does not arise and holds no merit at all.

4. A similar controversy was raised in LPA No. 1024 of 2009 titled as "State of Punjab and others v. Rajinder Kumar and others . Paragraph No.11 of the judgment reads as under:-

"11.We have heard learned counsel for the parties at length and perused the paper books with their able assistance. We are of the considered view that the matter is no longer res integra. It may be true that the principle of 'equal pay for equal work' is not expressly declared by our Constitution to be a fundamental right. But it is certainly a constitutional goal. Article 39(d) of the Constitution proclaims "equal pay for equal work for both men and women" as a directive principle of State Policy. It has been well settled that to the vast majority of the people, the equality clauses of the Constitution would mean nothing if they are unconcerned with the work they do and the pay they get. To them, the equality clauses will have some substance if equal work means equal pay. Their Lordships' of Hon'ble the Supreme Court in the case of Mohd. Khursheed Anwar (supra) has come to the conclusion that the party who claims 'equal pay for equal work' has to make necessary averments and prove that all things are equal. Thus, before any direction can be issued by a Court, the Court must first see that there are necessary aver