Part-time employees who perform the same duties and responsibilities as full-time employees are entitled to the same pay scale.

( 1 ) THE instant writ petition has been filed by Sichai Mazdoor Sangh, a registered union, on behalf of its 29 members, i. e. , part-time Tube-well operators of district Aligarh. Itraises various issues and several reliefs have been claimed. Shri B. D. Mandhyan, learned Counsel for the petitioner has restricted his submission only for the claim of equal pay for equal work and no other issue has been agitated by him.

( 2 ) THE petitioner claimed that though the members of the Sangh are called part-time Tube-well operators, they work equal to the work done by the full time Tube-well operators and thus they are entitled for the similar treatment as was given to the full-time Tube-well operators.

( 3 ) IN the case of State of Punjab v. Surendra Kumar AIR 1992 SC 1593, the Apex Court has dealt with the case of the part-time teachers and observed as under. "it is also not suggested that the respondents accepted the terms set out in Annexure P/1 and P/2 under mistake. We, therefore, do not find any reason as to why the specific terms on which the appointments were made could not be enforced. "

( 4 ) SHRI Mandhyan has most articulatedly argued that the ratio of the aforesaid judgment is not applicable in the instant case as after reading all the terms and conditions of the appointments of the members of the petitioners Sangh, it would be clear that they were working just like the full-time Tubewell operators. No doubt the duration of their duties has been shown only 2-1/2 hours but they were not permitted to go out of their respective command areas. In support of his case Shri Mandhyan further referred to and relied upon the judgment dated August, 16, 1994 of the Lucknow Bench of this Court passed in writ petition No,3558 (S/s) of 1992 suresh Chandra tewari and Ors. v. State of U. P. and Ors. . The following observation of the said judgment are worth quoting: as a matter of fact the other condition that the part-time Tube-well operators have to be available at the Tube-wells during duty hours and for the rest of the time, within the command area, nullified the fact of alleged freedom given to them to take up any other job or profession. The Tubewells are to be operated even beyond the said duty hours from 9. 30 A. M. to 12 in the noon on the own showing and affidavit filed on behalf of the opposite parties. The part-time tube-well operators are also required to be available all the time within the command area. The inference that they will be called upon to operate Tubewell any time for any length of time is plain as two plus two makes four. In my view the alleged freedom of taking up any job or profession is a mere farce and a device adopted to deprive the petitioner of their lawful emoluments by calling them part-time Tube-well operators and now as Tube-well assistants. The aforesaid case was decided after relying upon the catena of decisions of the Supreme Court.

( 5 ) LEARNED Standing Counsel referred to and placed reliance upon the cases, K. Vasudevan nairv. Union of India (1991-II-LLJ-420) and Union of India v. Secretary, Madras Civil Audit and Accounts. Association and Anr. (1992-II-LLJ-749) wherein the Supreme Court declined to interfere with the pay fixed by their respective employers. The said authorities are not applicable in the present case as in the said cases the parties could not place sufficient material before the apex Court to prove their cases.

( 6 ) THE said judgment of the Lucknow Bench of this Court in the case of Suresh Chandra Tewari (Supra) has been followed by this court in writ petition Nos. 30288 of 1993 uma Shanker Yadav and Ors. v. State of U. P. and Ors. decided on September 26, 1995 and 29727 of 1992 ravindra kumar and Ors. v. State of U. P. and Ors. decided on December, 1, 1994 and in other similar cases.

( 7 ) IT is also evident from the record that a large number of similar part-time Tube-well operators approached the Labour Courts and obtained the awards in their favour. The St