Pay temporary workers on par with regulars, SC tells state

R Sedhuraman

Legal Correspondent

New Delhi, October 27

The Supreme Court has directed the Punjab Government to pay salary and allowances to daily wage/temporary workers—pump operators, fitters, helpers, drivers, plumbers, chowkidars and others—on a par with regular staff, going by the principle of “equal pay for equal work”.

“There can be no doubt, that the principle of ‘equal pay for equal work’ will be applicable to all the temporary employees concerned, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged government employees, holding the same post,” a Bench comprising Justices JS Khehar and SA Bobde held in a 102-page judgment on a batch of CROSS appeals by the state government and affected workers.

The appeals were filed in the wake of conflicting judgments by two Division Benches of the Punjab and Haryana, one holding that temporary employees were not entitled to equal pay and the other holding the contrary view.

A full Bench of the HC had, however, put the temporary employees in two categories – those appointed against regular sanctioned posts through a selection process and those working for more than 10 years on non-sanctioned posts. While the first category was entitled to equal pay and allowances, the second category would get only equal pay, not allowances. In addition, the second category would be considered for regularisation.

The SC, however, ruled yesterday that: “In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities.

“Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity. Any one, who is compelled to work at a lesser wage, does not do so voluntarily. He does so, to provide food and shelter to his family, at the cost of his self-respect and dignity, at the cost of his self-worth, and at the cost of his integrity.

“For he knows that his dependents would suffer immensely, if he does not accept the lesser wage. Any act, of paying less wages, as compared to others similarly situated constitutes an act of exploitative enslavement, emerging out of a domineering position.

“Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation.”