The principle of equal pay for equal work applies to casual employees performing similar duties as regular staff, entitling them to compensation at 1/30th of the relevant pay scale.

ORDER

Per: Mr. Shri Krishna, Member (A)

Applicants, 28 in number, have filed this joint application to claim following reliefs: -

“a) This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the Respondents and after examining the same, hold and declare that the Applicants are entitled to be awarded at the rate of 1/30th of the relevant pay scale w.e.f.1.01.2006.

b) This Hon'ble Tribunal may further be pleased to direct the Respondents to pay the arrears of the payments of 1/30^th of the pay in the relevant pay scale w.e.f. 01.01.2006.

c) That the Applicants be held entitled to all consequential benefits/reliefs, in the interest of justice.

d) That the Applicants be held entitled to payment of interest @ 18% on such delayed payment of arrears till the date of payment.

e) That this Hon'ble Tribunal may also pass/grant any other order/relief in favour of the Applicants which it may deem fit in the light of facts and peculiar circumstances of the case and in the interest of justice.

f) That the cost of the Application may also be awarded in favour of the Applicants.

g) That filing of Joint Application may be allowed in the Interest of justice”.

2. Brief facts of the case as stated by the applicants in O.A. are that they are casual employees without temporary status. They have completed more than 10-20 years of service. The Applicants were appointed after proper sanction from the competent authority and serving against the sanctioned posts. They are continuing as such with the Department in the present capacity since their appointment. Applicants are performing similar nature of work as being performed by the other regular employees and for the same number of hours. The regular employees are now designated as Multi Tasking Services. (MTS)

2.1 Pursuant to the judgment passed by Hon'ble Apex Court in the case of Shri Surinder Singh and others V/s The Union of India reported as AIR 1986 SC 584 , the Government of India, DOPT issued O.M No. 49014/2/86-Estt(c) dated 7.06.1988 providing that since the nature of work entrusted to the casual workers and regular employees is the same, the casual workers may be paid at the rate of 1/30^th of the pay at the minimum of the relevant pay scale plus dearness allowance for work of 8 hours a day. Such policy decision was framed for the welfare of casual workers working for more than 8 hours a day and continuously working with the department against a perennial nature of work.

2.2 Pursuant to 5th pay commission the casual workers on daily wages basis for more than 240 days in a year were granted wages @ 1/30^th of the pay i.e. Rs. 2550/- at the minimum of the relevant pay scale plus dearness allowance in the case of Group 'D' employees as applicable from time to time.

2.3 The Hon’ble Supreme Court has held in the case of State of Punjab and Ors vs Jagjit Singh and Ors , decided on 26 October, 2016 that temporary employees are entitled to draw wages at the minimum of the pay-scale (at the lowest grade, in the regular pay-scale), extended to regular employees, holding the same post.

2.4 For the purpose of absorption of casual labour engaged in the Income Tax Department against the existing vacancies, the Principal Chief Commissioner of Income Tax-I, Thane, i.e. Respondent No.2 vide various letters dated 4.07.16 and 29.06.16, circulated a list of Casual Labour in the O/o Joint Commissioner of Income Tax Range-2, Thane based on their seniority, including the names of Applicants.

2.5 It has been submitted that pursuant