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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble J.J. Munir,J.
Lavkush Tiwari – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This judgment will decide the present writ petition and connected Writ-A No.5771 of 2023. Since both the petitions involve common questions of fact and law, the facts and the case of parties shall be noticed from Writ-A No.18956 of 2022, which shall be treated as the leading case.
2. The petitioners are Village Policemen, Chowkidars or Gram Prahari, variously called from time to time, but decidedly appointed to this office of some antiquity under the North- Western Provinces Village and Road Police Act , 1873 (Act No. XVI of 1873) (for short, 'the Act of 1873') and since repealed by the Repealing and Amending (Second) Act, 2017 (Act No.4 of 2018) (for short, 'the Amending Act of 2017'). The petitioners are essentially Village Policemen, tracing their origin to a time when the modern police network had yet to gain foothold in the wee days of the British Colonial Government. At that time also, the Act of 1873 contemplated the position of the ‘Village Policemen’ and the ‘Road Policemen’ as extended arms of the regular police establishment in the remote villages, nooks and corners of the State, then called the North-Western Provinces.
3. It appears that the Vi
Village Policemen, while performing vital roles, are not entitled to minimum wages equivalent to regular police due to their auxiliary and intermittent nature of employment.
Disparities in pay scales between village guards and police personnel are justified due to differences in job responsibilities, recruitment methods, and lack of evidence for equivalence, confirming t....
The judgment emphasizes the principle of 'equal pay for equal work' and provides a comprehensive analysis of the legal framework and parameters for its application, as established in various legal pr....
Temporary employees performing scheduled employment are entitled to minimum wages under the Minimum Wages Act, regardless of employer claims about their part-time status.
Workers, even if on a part-time basis, are entitled to minimum wages under the Minimum Wages Act, 1948, prioritizing statutory provisions over executive orders.
Even if persons are holding same rank/ designation and having similar powers, duties and responsibilities they can be placed in different scales of pay and cannot claim the benefit of the principle o....
The main legal point established in the judgment is that the period spent as a daily wage employee should be counted towards pensionable service if the employee is retiring from an establishment with....
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