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ABDUL MOIN
Chhavi Ram – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Abdul Moin, J.
1. Heard learned counsel for the petitioner and Shri Saharsh Shrivastav, learned Additional Chief Standing Counsel for the respondent Nos. 1 and 2.
2. The instant writ petition has been filed praying for the following main reliefs:
(ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to provide the regular pay-scale of class IV post with yearly increments on the period of 22.7.1990 to 25.2.2002, with all other consequential benefits of service, within time as directed by this Hon'ble Court.
(iii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to refix the salary and post retirement benefits and pension of petitioner after providing regular pay-scale of class IV post with yearly increments on the period of 22.7.1990 to 25.2.2002, within time as directed by this Hon'ble Court.
(iv) issue a writ, order or direction in the nature of mandamus commandin
Daily wage employees are entitled to minimum pay-scales equivalent to regular employees but not to increments or additional allowances.
The main legal point established in the judgment is that temporary employees are entitled to the minimum of the pay scale attached to the post without any increments or allowances, based on the princ....
Point of law: A scale of pay is attached to a definite post and in case of a daily-wager, he holds no post. The respondent workers cannot be held to hold any posts to claim even any comparison with t....
The principle of 'equal pay for equal work' may not apply to temporary employees, and unexplained delay in approaching the court can impact the decision.
The principle of 'equal pay for equal work' entitles temporary employees performing similar duties to receive at least the minimum pay of regular employees.
The principle of 'equal pay for equal work' as established by the Hon'ble Supreme Court was applied by the court to issue the direction for payment of salary in the minimum of the pay scale.
Temporary employees performing the same duties as regular employees are entitled to minimum wages as per the equal pay principle, asserting their right to equitable treatment.
The principle of 'equal pay for equal work' applies to temporary employees, but claims for minimum pay must be explicitly made in the writ petitions.
The principle of equal pay for equal work mandates that employees performing identical duties must receive the same remuneration, regardless of their employment status.
Point of Law : Daily wagers - Entitlement of minimum pay scale - Scope of review of order - Held, power of review cannot be confused with appellate power which enables a superior court to correct all....
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