Supreme Court of India
STATE OF PUNJAB & ORS.versusJAGJIT SINGH & ORS.
- Citation
- 2016 INSC 993
- Decided
- 26 October 2016
- Disposal
- Disposed off
- Bench
- S KHEHAR
Holding
Temporary employees who perform the same duties as regular employees and are appointed against regular sanctioned posts are entitled to the minimum wage of the regular pay‑scale (lowest grade) but not to the allowances of the regular posts.
Summary
The Supreme Court examined a batch of appeals challenging a Punjab High Court full bench decision that denied daily‑wage, ad‑hoc and contractual employees the right to equal pay with regular staff. The Court clarified that the principle of ‘equal pay for equal work’ applies to temporary employees who are appointed against regular sanctioned posts and perform the same duties as regular employees. Consequently, such temporary workers are entitled to the minimum wage of the regular pay‑scale (lowest grade) but not to the allowances enjoyed by regular staff. The High Court’s classification based on length of service and its interpretation of the Secretary, State of Karnataka case were set aside. The appeals were disposed of in favour of the temporary employees.
Issues considered
- The applicability of the principle of ‘equal pay for equal work’ to temporary employees appointed against regular posts.
- Whether the High Court’s classification of temporary employees based on length of service is valid for determining pay parity.
- Whether temporary employees are entitled to the minimum of the regular pay‑scale without additional allowances.
- The correct interpretation of the Secretary, State of Karnataka judgment concerning pay parity versus regularisation.
Legislation cited
- Constitution of Indias. Article 14, s. Article 16, s. Article 38(2), s. Article 39(d)
Subjects
equal pay for equal worktemporary employeespay paritydaily wagead‑hoc appointmentcontractual employmentArticle 14Article 39(d)labour lawwage discriminationregularisation
Judgment
[2016] 7 S.C.R. 350
A STATE OF PUNJAB & ORS.
v.
JAGJIT SINGH & ORS.
(Civil Appeal No. 213 of2013)
B OCTOBER 26, 2016
..
-
[JAGDISH SINGH KHEHAR AND S.A. BOBDE, JJ.]
-: Labour law - Principl<:_ of equal pay for equal work -
Application of- Claim ofpay parity by temporary employees (daily-
wage employees, ad-hoc appointees, employees appointed on casual
c basis, contractual employees and the like) with regular employees
- Temporary employees appointed against posts which were also
available in the regular cadre/establishment - Duties and
responsibilities discharged by the temporary employees same as were
being discharged by regular employees - Employees possessed the
D qualifications prescribed for appoi11tme11t on regular basis - Held:
Principle of 'equal pay for equal work' would be applicable to all
the concerned temporary employees, so as to vest in them the right
to claim wages, at par with the minimum of the pay-scale (at the
lowest grade, in the regular pay-scale), of regularly engaged
government employees, holding the same post - Principle of equal
E
pay for equal work.
Principles of equal pay for equal work - Invocation of. by
temporary employees - Parameters laid down by this Court -
Elucidated.
F Disposing of the appeals, the Court
HELD: 1.1 All the concerned temporary employees (daily-
wage employees, ad-hoc appointees, employees appointed on
casual basis, contractual employees and the like), would be entitled
to draw wages at the minimum of the pay-scale (at the lowest
G grade, in the regular pay-scale), extended to regular employees,
holding the same post. [Para 58) (444-E)
1.2 The exercise of determining whether the concerned
employees, were rendering similar duties and responsibilities,
~as wen: being discharged by regular employees, holding the
same/corresponding posts, would require the application of the
H
350
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 351
parameters of the principle of 'equal pay for equal work' A
summarized herein. All the temporary employees in the instant
bunch of appeals, were appointed against posts which were also
available in the regular cadre/establishment. During the course
of their employment, the concerned temporary employees were
being randomly deputed to discharge duties and responsibilities,
8
which at some point in time, were assigned to regular .employees.
Likewise, regular employees holding substantive posts, were also
posted to discharge the same work, which was assigned to
temporary employees, from time to time. There is, therefore, no
room for any doubt, that the duties and responsibilities discharged
by the temporary employees in the present set of appeals, were c·
the same as were being discharged by regular employees. It is
not the case of the appellants, that the respondent-employees
did not possess the qualifications prescribed for appointment on
regular basis. Furthermore, it is not the case of the State, that
any of the temporary employees would not be entitled to pay parity,
D
on any of the principles summarized herein. There can be no
doubt, that the principle of 'equal pay for equal work' would be
applicable to all the concerned temporary employees, 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. [Para 57) [443-F-H; 444-A-D) E
2. The judgments pertaining to temporary employees
wherein this Court expressed the legal position with reference
to the principles of 'equal pay for equal work' were considered
and the following deduction are made:
(i) The 'onus of proof', of parity in the duties and F
responsibilities of the subject post with the reference post, under
the principle of 'equal pay .for equal work', lies on the person
who claims it. He who approaches the Court has to establish,
that the subject post occupied by him, requires him to discharge
equal work of equal value, as the reference post. [Para 42) [421-
C-D] G
Orissa University of Agriculture & Technology v. Manoj
K. Mohanty (2003) 5 SCC 188: 2003 (3) SCR 753;
Union Territory Administration, Chandigarh v. Manju
Mathur (2011) 2 SCC 452:2011 (1) SCR 883; Steel
H
352 SUPREME COURT REPORTS [2016) 7 S.C.R.
A Authority of India Limited v. Dibyendu Bhattacharya
(2011) 11 SCC 122:2010 (13) SCR 429; National
Aluminum Company Limited v. Anania Kishore Rout
(2014) 6 SCC 756:2014 (7) SCR 406 - relied on.
(ii) The mere fact that the subject post occupied by the
B claimant, is in a "different department" vis-a-vis the reference
post, does not have any bearing on the determination of a claim,
under the principle of 'equal pay for equal work'. Persons
discharging identical duties, cannot be treated differently, in the
matter of their pay, merely because they belong to different
departments of Government. (Para 42) [421-F]
c
Randhir Singh v. Union of India 1982 (3) SCR
298:(1982) 1 SCC 618; D.S. Nakara v. Union of India
(1983) 1 SCC 305:1983 SCR (2) 165 - relied on.
(iii) The principle of 'equal pay for equal work', applies to
D cases of unequal scales of pay, based on no classification or
irrational classification. For equal pay, the concerned employees
with whom equation is sought, should be performing work, which
besides being functionally equal, should be of the same quality
and sensitivity. [Para 42) 421-G-H)
E Randhir Singh v. Union of India 1982 (3) SCR
298:(1982) 1 SCC 618; Federation ofAll India Customs
and Central Excise Stenographers (Recognized) v. Union
of India 1988 (3) SCR 998:1988 (3) SCC 91; Mewa
Ram Kanojia v. All India Institute of Medical Sciences
1989 (1) SCR 957:(1989) 2 SCC 235; Grih Kalyan
F Kendra Workers' Union v. Union of India 1991 (1) SCR
15:(1991) 1 SCC 619; S.C. Chandra v. State of
Jharkhand (2007) 8 SCC 279: 2007 (9) SCR 130 -
relied on.
(iv) Persons holding the same rank/designation (in different
G departments), but having dissimilar powers, duties and
responsibilities, can be placed in different scales of pay, and cannot
claim the benefit of the principle of 'equal pay for equal work'.
Therefore, the principle would not be automatically invoked,
merely because the subject and reference posts have the same
nomenclature. [Para 42] [422-B-C]
H
. ;
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 353
Randhir Singh v. Union of India 1982 (3) SCR A
298:(1982) 1 SCC 618; State of Haryana v. Haryana
Civil Secretariat Personal Staff Association (2002) 6
SCC 72 : 2002 (1) Suppl. SCR 118; Hukum Chand
Gupta v. Director General, Indian Council of
Agricultural Research (2012) 12 SCC 666:2012 (8)
B
SCR 831 - relied on.
(v) In determining equality of functions and responsibilities,
under the principle of 'equal pay for equal work', it is necessary
to keep in mind, that the duties of the two posts should be of
equal sensitivity, and also, qualitatively similar. Differentiation of
pay-scales for posts with difference in degree of responsibility,
c
reliability and confidentiality, would fall within the realm of valid
classification, and therefore, pay differentiation would be
legitimate and permissible. The nature of work of the subject
post should be the same and not less onerous than the reference
post. Even the volume of work should be the same. And so also, D
the level of responsibility. If these parameters are not met, parity
cannot be claimed under the principle of 'equal pay for equal
work'. [Para 42) (422-C-E]
Federation of All India Customs and Central Excise
Stenographers (Recognized) v. Union of India 1988 (3) E
SCR 998: 1988 (3) SCC 91; State Bank of India v. MR.
Ganesh Babu (2002) 4 SCC 556:2002 (3) SCR 149;
State of U.P. v. J.P. Chaurasia 1988 (3) Suppl. SCR
288:(1989) 1 SCC 121; Grih Kalyan Kendra Workers'
ij_nion v. Union of India 1991 (1) SCR 15:(1991) 1
sec 619 - relied on. F
(vi) For placement in a regular pay-scale, the claimant has
to be a regular appointee. The claimant should have been
selected, on the basis of a regular process o°r recruitment. An
employee appointed on a temporary basis, cannot claim to be
placed in the regular pay-scale. [Para 42) (422-F) G
Orissa University ofAgriculture & Technology v. Mano}
K. Mohanty (2003) 5 SCC 188: 2003 (3) SCR 753 -
relied on.
(vii) Persons performing the same or similar functions,
H
354 SUPREME COURT REPORTS [2016] 7 S.C.R.
A duties and resp<msibilities, can also be placed in different pay-
scales. Such as-'selection grade', in the same post. But this
difference must emerge out of a legitimate foundation, such as-
merit, or seniority, or some other relevant criteria. [Para 42) (422-
GJ
State of U.P. v. J.P. Chaurasia 1988 (3) Suppl. SCR
B
288:(1989) 1 sec 121 - relied on.
(viii) If the qualifications for recruitment to the subject post
vis-a-vis the reference post are different, it may be difficult to
con!;lude, that the duties and responsibilities of the posts are
qualitatively similar or comparable. In such a cause, the principle
c of 'equal pay for equal work', cannot be invoked. [Para 42) (422-
H; 423-AJ
Mewa Ram Kanojia v. All India Institute of Medical
Sciences 1989 (1) SCR 957 : (1989) 2 SCC 235;
Government of WB. v. Tarun K. Roy (2004) 1 SCC 347:
D 2003 (5) Suppl. SCR 656 - relied on.
(ix) The reference post, with which parity is claimed, under
the principle of 'equal pay for equal work', has to be at the same
hierarchy in the service, as the subject post. Pay-scales of posts
may be different, if the hierarchy of the posts in question, and
their channels of promotion, are different. Even if the duties and
E
responsibilities are same, parity would not be permissible, as
against a superior post, .such as a promotional post. (Para 42)
[423-B-C)
Union of India v. Pradip Kumar Dey 2000 (4) Suppl.
SCR 465 : (2000) 8 SCC 580; Hukum Chand Gupta\!.
F Director General, Indian Council of Agricultural
Research (2012) 12 SCC 666: 2012 (8) SCR 831 -
relied on.
(x) A comparison between the subject post and the reference
post, under the principle of 'equal pay for equal work', cannot be
G made, where the subject post and the reference post are in
different establishments, having a different management. Or even,
where the establishments are in different geographical locations,
though owned by the same master. Persons engaged differently,
and being paid out of different funds, would not be entitled to pay
parity. (Para 42) [423-DJ
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 355
Harbans Lal v. State of Himachal Pradesh (1989) 4 SCC A
459:1989 (3) SCR 662; Official Liquidator v. Dayanand
(2008) 10 SCC 1:2008 (15) SCR 331 - relied on.
(xi) Different pay-scales, in certain eventualities, would be
permissible even for posts clubbed together at the same hierarchy
in the cadre. As for instance, if the duties and responsibilities of B
one of the posts are more onerous, or are exposed to higher
nature of operational work/risk, the principle of 'equal pay for
equal work' would not be applicable. And also when, the reference
post includes the responsibility to take crucial decisions, and that
is not so for the subject post. [Para 42) [423-E-F]
c
State Bank of India v. MR. Ganesh Babu (2002) 4 SCC
556:2002 (3) SCR 149 - relied on.
(xii) The priority given to different types of posts, under
the prevailing policies of the Government, can also be a relevant
factor for placing different posts under different pay-scales. Herein
D
also, the principle of 'equal pay for equal work' would not be
applicable. [Para 42) (423-G]
State of Haryana v. Harya11a Civil Secretariat Personal
StaffAssociation (2002) 6 SCC 72:2002 (1) S~ppl. SCR
118 - relied on.
E
(xiii) The parity in pay, under the principle of 'equal pay for
equal work', cannot be claimed, merely on the ground, that at an
earlier point of time, the subject post and the reference post,
were placed in the same pay-scale. The principle of 'equal pay
for. equal work' is applicable only when it is shown, that the
incumbents of the subject post and the reference post, discharge F
similar duties and responsibilities. [Para 42) [423-H; 424-A]
State of West Bengal v. West Bengal Minimum Wages
Inspectors Association (2010) 5 SCC 225: 2010 (3)
SCR 367 - relied on.
(xiv) For parity in pay-scales, under the principle of 'equal G
pay for equal work', equation in the nature of duties, is of
paramount importance. If the principal nature of duties of one
post is teaching, whereas that of the other is non-teaching, the
principle would not be applicable. If the dominant nature of duties
of one post is of control and management, whereas the subject ,H
356 SUPREME COURT REPORTS [2016] 7 S.C.R.
'·
A post has no such duties, the principle would not be applicable.
Likewise, if the central nature of duties of one post is of quality
control, whereas the subject post has minimal duties of quality
control, the principle would not be applicable. (Para 42) (424-B-
C)
B Union Territory Administration, Chandigarh v. Mw~ju
Mathur (2011) 2 SCC 452:2011 (1) SCR 883 - relied
on.
(xv) There can be a valid classification in the matter of pay-
scales, between employees even holding posts with the same
c nomenclature i.e., between those discharging duties at the
headquarters, and others working at the institutional/sub-office
level, when the duties are qualitatively dissimilar. [Para 42) [424-
D-E]
Hukum Chand Gupta v. Director General, Indian
Council qf Agricultural Research (2012) 12 SCC 666:
D
2Cl12 (8) SCR 831 - relied on.
(xvi) The principle of 'equal pay for equal work' would not
be applicable, where a differential higher pay-scale is extended
to persons discharging the same duties and holding the same
designation, with the objective of ameliorating stagnation, or on
E account of lack of promotional avenues. [Para 42] (424-E-F)
Hukum Chand Gupta v. Director General, Indian
Council qf Agricultural Research (2012) 12 SCC 666:
2012 (8) SCR 831 - relied on.
F (xvii) Where there is no comparison between one set of
employees of one organization, and another set of employees of
a different organization, there can be no question of equation of
pay-scales, under the principle of 'equal pay for equal work', even
if two organizations have a common empfoyer. Likewise, if the
management and control of two organizations, is with different
G entities, which are independent of one another, the principle of
'equ~l pay for equal work' would not apply. [Para 42) (424-F-G]
S.C. Chandra v. State of Jharkhand (2007) 8 SCC 279:
2_007 (9) SCR 130; National Aluminum Company Limited
v. Anania Kishore Rout (2014) 6 SCC 756:2014 (7)
H SCR 406 - relied on.
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 357
3.1 A perusal of the judgment rendered by the full bench of A
the High Court (in Avtar Singh v. State of Punjab & Ors., CWP
no. 14796 of 2003) reveals, that the High Court conspicuously
focused its attention to the decision of the Constitution Bench in
the Secretary, State of Karnataka case. While dealing with the
judgment, the full bench expressed the view, that though at the
B
first impression, the judgment appeared to expound that payment
of minimum wages drawn by regular employees, had also to be
extended to persons employed on temporary basis, but a careful
reading of the same would show that, that was not so. It is not
possible to concur with the inference drawn by the full bench.
The Constitution Bench the Secretary, State of Karnatakll case c
clearly distinguished the issues of pay parity, and regularization
in service. It was held, that on the issue of pay parity, the concept
of 'equality' would be applicable (as had indeed been applied by
the Court, in various decisions), but the principle of 'equality'
could not be invoked for absorbing temporary employees in
D
Government service, or for making temporary employees regular/
permanent. All the observations made therein, relate to the
subject of regularization/permanence, and not, to the principle of
'equal pay for equal work'. The Constitution Bench
unambiguously held, that on the issue of pay parity, the High Court
ought to have directed, that the daily-wage workers be paid wages E
equal to the salary, at the lowest grade of their cadre. This
deficiency was made good, by making such a direction. The High
Court seriously erred in interpreting the judgment rendered by
this Court in the Secretltry, State of Karnataka case, by placing'"
reliance for drawing its inferences with reference to the subject
F
of pay parity. [Para 48] (431-D-F; 433-D-G; 434-A-B]
3.2 To substantiate its inference drawn from the judgment
rendered by this Court in tlle Secretary, Stltte of Kltrnlttaka Clise,
the Full Bench of the High Court, placed reliance on State ofPunjab
v. Surjit Singll and while doing so, reference was made to the
obseITations recorded therein. The Full Bench erred in referring G
to the said observations to draw its conclusions. It is apparent,
that this Court in State of Punjab v. Surjit Singfl did hold, that the
determination rendered in the Secretary, State of Karnataka case
was in exercise of the power vested in this Court, under Article
142 of the Constitution of India. But the said observation does
H
358 SUPREME COURT REPORTS [2016] 7 S.C.R.
A not lead, to the conclusion or the inference, that the principle of
'equal pay for equal work' is not applicable to temporary
employees. In fact, there is a positive take-away for the temporary
employees. The Constitution Bench would, be deemed to have
concluded, that to do complete justice to the cause of temporary
employees, they should be paid the minimum wage of a regular
B
employee, discharging the same duties. (Para 49) (434-C; 436-
D-G]
3.3 Even in the case urider reference-Stllte of Punjflb v. Surjit
Singh, this Court accepted the principle of 'equal pay for equal
work', as applicable to temporary employees, by requiring the
c State to examine the claim of the respondents for pay parity, by
appointing an expert committee. The expert committee was
required to determine, whether the respondents satisfied the
conditions stipulated in different judgments of this Court including
Stllte ofHaryana v. Charanjit Singh, wherein this Court had acceded
to the proposition, that daily-wagers who were rendering the same
D
duties and responsibilities as regular employees, would be entitled
to the minimum wage payable to regular employees. And had
therefore, remanded the matter back to the High Court for a
fresh adjudication. In view thereof, the claim of the temporary
employees, for minimum wages, at par with regularly engaged
E Government employees, cannot be declined, on the basis of Stllle
of Punjab v. Surjit Singh case. [Para 49) [436-H; 437-A-C)
3•.4 The observations in Satya Prakash case, relied upon by
the full bench of the High Court, dealt with the issue of
regularization, and not with the concept of 'equal pay for equal
F work'. This gains further ground from the fact that the appellants
in the Satya Prakash case had approached this Court, to claim
the benefit of the judgment in the Secretary, $tale of Karnataka
case, wherein the issue canvassed was of regularization, and not
pay parity. Therefore, reliance on Secre1<1ry, State of ·Karn<1taka
case, for determining the question of pay parity, resulted in the
G High Court drawing an incorrect inference. (Para SO) (438-G-H;
439-G)
3.5 The Full Bench of the High Court, while adjudicating
upon the controversy had concluded, that temporary employees
were not entitled to the minimum of the regular pay-scale, merely
H for the reason, that the activities carried on by daily-wagers and
.,
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 359
regular employees were similar. The full bench however, made A
two exceptions. Temporary employees, who fell in either of the
two exceptions, were held entitled to wages at the minimum of
the pay-scale drawn by regular employees. The full bench carved
an exception for employees who were not appointed against
regular sanctioned posts, if their services had remained
B
continuous (with notional breaks, as well), for a period of 10 years.
This category of temporary employees, was extended the benefit
of wages at the minimum of the regular pay-scale. The above
position adopted by the High Court reveals, that the High Court
intermingled the legal position determined by this Court on the
subject of regularization of employees, while adjudicating upon c
the proposition of pay parity, emerging under the principle of
'equal pay for equal work'. It is this mix-up, which resulted in the
High Court recording its conclusions. The High Court extended
different wages to temporary employees, by categorizing them
on the basis of their length of service. This is clearly in the teeth
D
of _judgment in the Dllily R{lfed CllSUlll Lllbour Employed case,
wherein the classification was held to be violative of Articles 14
and 16 of the Constitution. Based on the consideration recorded,
the determination in the impugned judgment rendered by the
full bench of the High Court, whereby it classified temporary
employees for differential treatment on the subject of wages, is E
clearly unsustainable, and is liable to be set aside. (Para 51) (439-
H; 440-A, G-H; 441-A-E]
3.6 The decision rendered by the Full Bench of the High
Court in Avfar Singh v. State of Punjab & Ors. and the decision
rendered by the division bench of the High Court in Stllte ofPunjllb F
& Ors. v. Rlljinder Singh & Ors. is set aside. The decision rendered
in Stllte of Punjllb & Ors. v. Rajinder Kumllr is affirmed with the
modification, that the concerned employees would be entitled to
the minimum of the pay-scale, of the category to which they belong,
but would not be entitled to allowances attached to the posts
held by them. [Para 52) [441-G-H) G
Secretary, State of Karnataka v. Umadevi (2006) 4 SCC
1:2006 (3) SCR 953; State of Punjab v. Surjit Singh
(2009) 9 sec 514:2009 (12) SCR 394; State of
Haryana
-
v. Charanjit Singh
r
(2006) 9 sec 321:2005
(4) Suppl. SCR 57; Satya Prakash v. State of Bihar H
360 SUPREME COURT REPORTS [2016] 7 S.C.R.
A (2010) 4 SCC 179:2010 (3) SCR 450; Daily Rate
Casual Labour Employed under P&T Department
through Bhartiya Dak Tar Mazdoor Manch v. Union of
India (1988) 1 SCC 122:1988 (1) SCR 598 - referred
to.
8 4.1 There is no room for any doubt, that the principle of
'equal pay for equal work' has emerged from an interpretation of
different provisions of the Constitution. The principle has been
expounded through a large number of judgments rendered by
this Court, and constitutes law declared by this Court. The same
is binding on all the courts in India, under Article 141 of the
c Constitution oflndia. The parameters of the principle, have been
summarized. The principle of 'equal pay for equal work' has also
been extended to temporary employees (differently described
as work-charge, daily-wage, casual, ad-hoc, contractual, and the
like). The legal position, relating to temporary employees, has
D been summarized. (Para 54) (442-B-C]
4.2 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
E 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
F lesser wage. Any act, of paying less wages, as compared to others
similarly situate, 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. [Para 55) [442-D-F)
G 4.3 India is a signatory to International Covenant on
Economic, Social and Cultural Rights, 1966 having ratified the
same on 10.4.1979. There is no escape from the above obligation,
in view of different provisions of the Constitution, and in view of
the law declared u/Art.141 of the Constitution, the principle of
H 'equal pay for equal work' constitutes a clear and unambiguous
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 361
right and is vested in every employee-whether engaged on regular A
or temporary basis. [Para 56) [443-D-E)
Dhirendra Chamoli v. State of U.P. (1986) 1 SCC 637;
Surinder Singh v. Engineer-in-Chief. CPWD (1986) 1
SCC 639; BhaKJt'an Dass v. State of Haryana (1987) 4
SCC 634:1987 (3) SCR 714; Ghaziabad Development B
Authority v. Vikram Chaudhary (1995) 5 SCC 210:1995
(2) Suppl. SCR 171; State of Haryana v. Jasmer SinKh
(1996) 11 SCC 77:1996 (8) Suppl. SCR 592; State of
Puniab_ v. Devinder SinKh (1998) 9 SCC 595; State of
Haryana v. Tilak Raj (2003) 6 SCC 123:2003 (1) Suppl.
SCR 522; Dha111'ad District PWD Literate Daily-Wage c
Employees Association v. State of Karnataka (1990) 2
SCC 396:1990 (1) SCR 544; State of U.P. 1: Putti Lal
(2006) 9 SCC 337; Uttar Pradesh Land Development
Corporation v. Mohd Khursheed Anwar (2010) 7 SCC
739; Surendra Nath Pandey v. Uttar Pradesh D
Cooperative Bank Ltd. (2010) 12 SCC 400- referred
to.
Case Law Reference
1982 (3) SCR 298 relied on Para 42 (ii), (iii), (iv)
E
1983 SCR (2) 165 relied on Para 42 (ii)
1988 (3) SCR 998 relied -0n Para 42 (iii), (v)
1988 (3) Suppl. SCR 288 relied on Para 42 (v), (vii)
1989 (1) SCR 957 relied on Para 42 (iii), (viii)
F
1991 (1) SCR 15 relied on Para 42 (iii), (v)
2000 (4) Suppl. SCR 465 relied on Para 42 (ix)
2002 (3) SCR 149 relied on Para 42 (v), (xi)
2002 (1) Suppl. SCR 118 relied on Para 42 (iv), (xii) G
2003 (3) SCR 753 relied -0n Para 42 (i), (vi)
2003 (5) Suppl. SCR 656 relied on Para 42 (viii)
2007 (9) SCR 130 relied on Para 42 (iii), (xviii)
2008 (15) SCR 331 relied on Para 42 (x) H
362 SUPREME COURT REPORTS [2016] 7 S.C.R.
A 2010 (~) SCR 367 relied on Para 42 (xiii)
2011 (U SCR 883 relied on Para 42 (i), (xiv)
20~0 (13) SCR 429 relied on Para 42 (i)
2012 (8) SCR 831 relied on Para 42 (iv), (ix),
B (xv), (xvi)
2014 (7) SCR 4'06'" relied on Para 42 (i), (xviii)
(198~) 1 sec 637 referred to Para 26
(198~) 1 sec 639 referred to Para 27
c 1987 (3) SCR 714 referred to Para 28
1989 (~) SCR 662 relied on Para 42 (x)
1995 (2) Suppl. SCR 171 referred to Para 31
1996 (8) Suppl. SCR 592 referred to Para32
D (1998) 9 sec 595 referred to Para33
2003 (1) Suppl. SCR 522 referred to Para34
2006 (3) SCR 953 referred to Para 35, 48, 49, 50
1990 (lJ SCR 544 referred to Para36
E
2005 (4) Suppl. SCR 57 referred to Para 36, 49
(200~> 9 sec 337 referred to Para37
2009 (12) SCR 394 referred to Para 38, 49
c2010) 1 sec 739 referred to Para40
F
c2010) 12 sec 400 referred to Para 41
2010 (3) SCR 450 referred to Para 50
1988 (1) SCR 598 referred to Para 51
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 213 of
G
2013
From the Judgment and Order dated 30.08.20 I0 of the High Court
of Punjab and Haryana at Chandigarh in LPA NO. 948 of2009
WITH
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 363
C. A. Nos. 10356, 10357, 10358, 10360 and I 0361 of2016 A
C. A. Nos. 211, 212, 214, 217, 218, 219, 220,221, 222, 223, 224,
225,226,227,228,229,230,231,232,233,234,235,236,245,246,247,
248,249,257,260,262,966,2231,2299,2300,2301,2702, 7150,8248,
8979, 9295 of2013
C.A. Nos. 10362, 10363, 10364, 10365 and 10366 of2016 B
C.A. No. 871and10527 of2014.
Rakesh Khanna, AAG, Ms. Nabhanya Sharma, Jagjit Singh
Chhabra, Ms. Kaveeta Wadia, Kuldip Singh (NP) , M/s Mahalakshmi
Balaji & Co. (NP) and Ms. Naresh Bakshi (NP), Advocates for the c
appellant.
Shi sh Pal Laler, S. D. Sharma, Son it Sinhmar, Balbir Singh Gupta,
S. K. Sabharwal (NP), Jagdev Singh Manhas, Dr. Kailash Chand (NP),
Bhaskar Y. Kulkarni (NP), Ajay Kumar Singh, Ashwani Bhardwaj, S.
L. Aneja, A. Venayagam Balan, Ms. Manju Sharma, Anil Kumar Tandale D
(NP), R. C. Kaushik (NP), Ashok Mathur (NP) , A. S. Pundir (NP),
Ms. Vanita Mehta (NP), Subhasish Bhowmick (NP), Prem Prakash
(NP), Balraj Dewan (NP) and Yash Pal Dhingra, Advocates for the
respondents.
The Judgment of the Court was delivered by
E
JAGDISH SINGH KHEHAR, J. I. Delay in filing and refiling
Special Leave Petition (Civil) .... .CC no. 15616 of2011, and Special
Leave Petition (Civil) .... CC no. 16434 of201 I is condoned. Leave is
granted in all special leave petitions.
2. A division bench of the Punjab and Haryana High Court, in F
State of Punjab & Ors. v. Rajinder Singh & Ors. (LPAno. 337 of2003,
decided on 7.1.2009), set aside, in an intra-court appeal, the judgment
rendered by a learned single Judge of the High Court, in Rajinder Singh
& Ors. v. State of Punjab & Ors. (CWP no. 1536 of 1988, decided on
5.2.2003). In the above judgment, the learned single Judge had directed
the State to pay to the writ petitioners (who were daily-wagers working G
as Pump Operators, Fitters, Helpers, Drivers, Plumbers, Chowkidars
etc.), minimum of the pay-scale, revised from time to time, with
permissible allowances, as were being paid to similarly placed regular
employees; arrears payable, were limited to a period of three years,
H
364 SUPREME COURT REPORTS [2016) 7 S.C.R.
A prior to the date of filing of the writ petition. In sum and substance, the
above mentioned division bench held, that temporary employees were
not entitled to the minimum of the pay-scale, as was being paid to similarly
placed regular employees.
3. Another division bench of the same High Court, in State of
B Punjab & Ors. v. Rajinder Kumar (LPA no. I 024 of 2009, decided on
30.8.2010), dismissed an intra-Court appeal preferred by the State of
Punjab, arising out of the judgment rendered by a learned single Judge in
Raj inder Kumar v. State of Punjab & Ors. (CWP no. 14050 of 1999,
decided on 20.11.2002), and affirmed the decision of the single Judge, in
connected appeals preferred by employees. The letters patent bench
c held, that the writ petitioners (working as daily-wage Pump Operators,
Fitters, Helpers, Drivers, Plumbers, Chowkidars, Ledger Clerks, Ledger
Keepers, Petrol Men, Surveyors, Fitter Coolies, Sewermen, and the like),
were entitled to minimum of the pay-scale, alongwith permissible
allowances (as revised from time to time), which were being given to
0 similarly placed regular employees. Arrears payable to the concerned
employees were limited to three years prior to the filing of the writ petition.
In sum and substance, the division bench in State of Punjab & Ors. v.
Raj inder Kumar (LPA no. I 024 of 2009) affirmed the position adopted
by the learned single Judge in Rajinder Singh & Ors. v. State of Punjab
& Ors. (CWP no. l 536of1988). It is apparent, that the instant division
E bench, concluded conversely as against the judgment rendered in State
of Punjab & Ors. v. Rajinder Singh (LPA no. 337 of2003), by the earlier
division bench.
4. It would be relevant to mention, that the earlier judgment
rendered, in State of Punjab & Ors. v. Rajinder Singh & Ors. (LPA no.
F 337 of2003) was not noticed by the later division bench - in State of
Punjab & Ors. v. Rajinder Kumar (LPA no. I 024 of2009). Noticing a
conflict of views expressed in the judgments rendered by two division
benches in the above matters, a learned single Judge of the High Court,
referred the matter for adjudication to a larger bench, on 11.5.2011. It
G is, therefore, that a full bench of the High Court, took up the issue, for
resolving the dispute emerging out of the differences of opinion expressed
in the above two judgments, in Avtar Singh v. State of Punjab & Ors.
(CWP no. 14 796 of2003), alongwith connected writ petitions. The full
bench rendered its judgment on 11.11.2011. The present bunch of cases,
which we have taken up for collective disposal, comprise of a challenge
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 365
[JAGDISH SINGH KHEHAR, J.]
to the judgment rendered by the division bench of the High Court in A
State of Punjab & Ors. v. Rajinder Singh & Ors. (LPA no. 337 of2003,
decided on 7. J.2009); a challenge to the judgment, referred to above, in
State of Punjab & Ors. v. Rajinder Kumar (LPA no. I 024 of 2009,
decided on 30.8.20 IO); as also, a challenge to the judgment rendered by
the full bench of the High Court in Avtar Singh v. State of Punjab & Ors.
B
(CWPno. 14796 of2003, decided on 11.11.2011). This bunch of cases.
also involves challenges to judgments rendered by the High Court, by
relying on the judgments referred to above.
5. The· issue which arises for our consideration is, whether
temporarily engaged employees (daily-wage employees, ad-hoc
appointees, employees appointed on casual basis, contractual employees
c
and the like), are entitled to minimum of the regular pay-scale, alongwith
dearness allowance (as revised from time to time) on account of their
performing the same duties, which are discharged by those engaged on
regular basis, against sanctioned posts. The full bench of the High Court,
while adjudicating upon the above controversy had concluded, that such D
like temporary employees were not entitled to the minimum of the regular
pay-scale, merely for reason, that the activities carried on by daily-wagers
and the regular employees were similar. However, it carved out two
exceptions, and extended the minimum of the regular pay to such
employees. The exceptions recorded by the full bench of the High Court
in the impugned judgment are extracted hereunder:- E
"(! )A daily wager, ad hoc or contractual appointee against
the regular sanctioned posts, if appointed after undergoing
a selection process based upon fairness and equality of
opportunity to all other eligible candidates, shall be entitled
to minimum of the regular pay scale from the date of F
engagement.
(2) But if daily wagers, ad hoc or contractual appointees
are not appointed against regular sanctioned posts and their
services are availed continuously, with notional breaks, by
the State Government or its instrumentalities for a sufficient G
long period i.e. for I 0 years, such daily wagers, ad hoc or
contractual appointees shall be entitled to minimum of the
regular pay scale without any allowances on the assumption
that work of perennial nature is available and having worked
for such long period of time, an equitable right is created in H
366 SUPREME COURT REPORTS [2016] 7 S.C.R.
A such category of persons. Their claim for regularization, if
any, may have to be considered separately in terms oflegally
permissible scheme.
(3) In the event, a claim is made for minimum pay scale
after more than three years and two months of completion
B of I0 years of continuous working, a daily wager, ad hoc or
contractual employee shal I be entitled to arrears for a period
of three years and two months."
6. The issue which has arisen for consideration in the present set
of appeals, necessitates a bird's eye view on the legal position declared
c by this Court, on the underlying ingredients, which govern the principle
of 'equal pay for equal work'. It is also necessary for resolving the
controversy, to determine the manner in which this Court has extended
the benefit of"minimum of the regular pay-scale" alongwith dearness
·allowance, as revised from time to time, to temporary employees (engaged ·
on daily"wage basis, as ad-hoc appointees, as employees engaged on
D casual basis, as contract appointees, and the like). For the aforesaid
purpose, we shall, examine the above issue, in two stages. We shall first
examine situations where the principle of'equal pay for equal work' has
been extended to employees engaged on regular basis. And thereafter,
how the same has been applied with reference to different categories of
E temporary employees.
7. Randhir Singh v. Union of lndia 1, decided by a three-Judge
bench: The petitioner in the instant case, was holding the post ofDriver-
Constable in the Delhi Police Force, under the Delhi Administration.
The scale of pay of Driver-Constables, in case of non-matriculates was
F Rs.210-270, and in case of matriculates was Rs.225-308. The scale of
pay of Drivers in the Railway Protection Force, at that juncture was
Rs.260-400. The pay-scale of Drivers in the non-secretariat offices in
Delhi was, Rs.260-350. And that, of Drivers employed in secretariat
offices in Delhi, was Rs.260-400. The pay-scale of Drivers of heavy
vehicles in the Fire Brigade Department, and in the Department of
G Lighthouse was Rs.330-480. The prayer of the petitioner was, that he
should be placed in the scale of pay, as was extended to Drivers in other
governmental organizations in Delhi. The instant prayer was based on
the submission, that he was discharging the same duties as other Drivers.
His contention was, that the duties of Drivers engaged by the Delhi
H 1
<1982) 1sec618
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 367
(JAGDISH SINGH KHEHAR, J .]
Police Force, were more onerous than Drivers in other departments. A
He based his claim on the logic, that there was no reason/justification, to
assign different pay-scales to Drivers, engaged in different departments
of the Delhi Administration.
(ii) This Court on examining the above controversy, arrived at the
conclusion, that merely the fact that the concerned employees were B
engaged in different departments of the Government, was not by itself
sufficient to justify different pay-scales. It was acknowledged, that though
persons holding the same rank/designation in different departments of
the Government, may be discharging different duties. Yet it was held,
that if their powers, duties and responsibilities were identical, there was
no justification for extending different scales of pay to them, merely
c
because they were engaged in different departments. Accordingly it
was declared, that where all relevant considerations were the same,
persons holding identical posts ought not to be treated differently, in the
matterofpay. Ifthe officers in the same rank perform dissimilar functions
and exercise different powers, duties and responsibilities, such officers D
could not complain, that they had been placed in a dissimilar pay-scale
(even though the nomenclature and designation of the posts, was the
same). It was concluded, that the principle of 'equal pay for equal
work', which meant equal pay for everyone irrespective of sex, was
deducible from the Preamble and Articles 14, 16 and 39( d) of the
Constitution. The principle of'equal pay for equal work', was held to be E
applicable to cases of unequal scales of pay, based on no classification
or irrational classification, though both sets of employees (-engaged on
temporary and regular basis, respectively) performed identical duties
and responsibilities.
(iii) The Court arrived at the conclusion, that there could not be F
the slightest doubt that Driver-Constables engaged in the Delhi Police
Force, performed the same functions and duties, as other Drivers in the
services of the Delhi Administration and the Central Government. Even
though he belonged to a different department, the petitioner was held as
entitled to the pay-scale ofRs.260-400. G
8. D.S. Nakara v. Union of India~. decided by a five-Judge
Constitution Bench: It is not necessary for us to narrate the factual
controversy adjudicated upon in this case. In fact, the main issue which
arose for consideration pertained to pension, and not to wages. Be that
'(1983) 1sec304 H
368 SUPREME COURT REPORTS [2016] 7 S.C.R.
A as it may, it is ofutmost importance to highlight the following observations
recorded in the above judgment:-
"32. Having succinctly focused our attention on the
conspectus of elements and incidents of pension the main
question may now be tackled. But, the approach of court
B while considering such measure is of paramount importance.
Since the advent of the Constitution. the State action must
be directed towards attaining the goals set out in Part IV of
the Constitution which, when achieved, would permit us to
claim that we have set up a welfare State. Article 38
(])enjoins the State to strive to promote welfare of the
c people by securing and protecting as effective as it may a
social order in which justice- social, economic and political
shall inform all institutions of the national life. In particular
the State shall strive to minimise the inequalities in income
and endeavour to eliminate inequalities in status. facilities
D and opportunities. Art. 39 (d) enjoins a dutv to see thatthere
is equal pay for equal work for both men and women and
this directive should be understood and interpreted in the
light of the judgment of this Court in Randhir Singh v. Union
of India & Ors .• (I 982) I SCC 618. Revealing the scope
and content of this facet of equality, Chinnappa Reddy, J.
E speaking for the Court observed as under: (SCC p.619, para
I)
"Now, thanks to the rising social and political
consciousness and the expectations aroused as a
consequence and the forward looking posture of this
F Court, the under-privileged also are clamouring for the
rights and are seeking the intervention of the court with
touching faith and confidence in the court. The Judges
of the court have a duty to redeem their Constitutional
oath and do justice no less to the pavement dweller than
G "·-. to the guest of the five-star hotel."
Proceeding further, this Court observed that where all
relevant considerations are the same, persons holding
identical posts may not be treated differently in the matter
of their pay merely because they belong to different
departments. If that can't be done when they are in service,
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 369
[JAGDISH SINGH KHEHAR, J.]
can that be done during their retirement? Expanding this A
principle, one can confidently say that if pensioners form a
class, their computation cannot be by different formula
affording unequal treatment solely on the ground that some
retired earlier and some retired later. Art. 39 (e) requires
the State to secure that the health and strength of workers,
B
men and women, and children of tender age are not abused
and that citizens are not forced by economic necessity to
enter avocations unsuited to their age or strength. Art.
41 obligates the State within the limits of its economic
capacity and development, to make effective provision for
securing the right to work, to education and to provide c
assistance in cases ofunemployment, old age, sickness and
disablement, and in 9ther cases of undeserved want. Art.
43 (3) requires the State to endeavour to secure amongst
other things full enjoyment ofleisure and social and cultural
opportunities."
D
It is however impossible to overlook, that the Constitution Bench
noticed the Randhir Singh case', and while affirming the principle of
'equal pay for equal work', extended it to pensionary entitlements also.
9. Federation of All India Customs and Central Excise
Stenographers (Recognized) v. Union oflndia3, decided by a two-Judge E
bench: The petitioners in the above case, were Personal Assistants and
Stenographers attached to heads of departments in the Customs and
Central Excise Department, of the Ministry of Finance. They were
placed in the pay-scale ofRs.550-900. The petitioners claimed, that the
basic qualifications, the method, manner and source of recruitment, and
their grades of promotion were the same as some of their counterparts F
(Personal Assistants and Stenographers) attached to Joint Secretaries/
Secretaries and other officers in the Central Secretariat. The above
counterparts, it was alleged, were placed in the pay-scale of Rs.650-
1040. The petitioners' contention was, that their duties and responsibilities
were similar to the duties and responsibilities discharged by some of G
their counterparts. Premised on the instant foundation, it was their
contention, that the differentiation in their pay-scales, was violative of
Articles 14 and 16 of the Constitution oflndia. The petitioners claimed
'equal pay for equal work'.
'< 1988) 3 sec 91 H
370 SUPREME COURT REPORTS (2016] 7 S.C.R.
A (ii) The assertions made by the petitioners were repudiated by the
Union oflndia. Whilst acknowledging, thatthe duties and work petfonned
by the petitioners were/was identical to that performed by their
counterparts attached to Joint Secretaries/Secretaries and other officers
in the secretariat, yet it was pointed out, that their counterparts working
in the secretariat, constituted a class, which was distinguishable from
B
them. It was asserted, that the above counterparts discharged duties of
higher responsibility, as Joint Secretaries and Directors in the Central
Secretariat performed functions and duties of greater responsibility, as
compared to heads of departments, with whom the petitioners were
attached. It was contended, that the principle of 'equal pay for equal
c work' depended on the nature of the work done, and not on the mere
volume and kind of work. The respondents also asserted, that people
discharging duties and responsibilities which were qualitatively different,
when examined on the touchstone ofreliability and responsibility, could
not be placed in the same pay-scale.
D (iii) While adjudicating upon the controversy, this Court arrived at
the conclusion, that the differentiation of the pay-scale was not sought
to be justified on the basis of the functional work discharged by the
petitioners and their counterparts in the secretariat, but on the dissimilarity
of their responsibility, confidentiality and the relationship with the public
etc. It was accordingly concluded, that the same amount of physical
E work, could entail different quality of work, some more sensitive, some
requiring more tact, some less. It was therefore held, that the principle
of 'equal pay for equal work' could not be translated into a mathematical
formula. Interference in a claim as the one projected by the petitioners
at the hands of a Court, would not be possible unless it could be
F demonstrated, that either the differentiation in the pay-scale was in-ational,
or based on no basis, or arrived at mala fide, either in law or on fact. In
the light of the stance adopted by the respondents, it was held that it was
not pos~ible to say, that the differentiation of pay in the present
controversy, was not based on a rational nexus. In the above view of the
matter, the prayer made by the petitioners was declined.
G
I 0. State ofU.P. v. J.P. Chaurasia4, decided bv a two-Judge bench:
Prior to 1965, Bench Secretaries in the High Court of Allahabad, were
placed in a pay-scale higher than that allowed to Section Officers. Bench
Secretaries were placed in the pay-scale of Rs.160-320 as against the
'(1989) 1sec121
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 371
[JAGDISH SINGH KHEHAR, J.]
pay-scale of Rs. I 00-300 extended to Section Officers. A Rationalization A
Committee, recommended the pay-scale of Rs.150-350 for Bench
Secretaries and Rs.200-400 for Section Officers. While examining the
recommendation, the State Govenunent placed Bench Secretaries in
the pay-scale of Rs.200-400, and Section Officers in the pay-scale of
Rs.515-715. Dissatisfied with the apparent down-grading, Bench
B
Secretaries demanded, that they should be placed at par with Section
Officers, even though their principal prayer was for being placed in a
higher pay-scale. The matter was examined by the Pay Commission,
which also submitted its report. The Pay Commission refused to accept,
that Bench Secretaries and Section Officers could be equated, for the
purpose of pay-scales. The Pay Commission was of the view, that the c
nature of work of Section Officers was not only different, but also, more
onerous than that of Bench Secretaries. It also expressed the view, that
Section Officers had to bear more responsibilities in their sections, and
were required to exercise control over their subordinates. Additionally,
they were required to prepare lengthy original notes, in complicated
D
matters. The Pay Commission therefore recommended, the pay-scale
of Rs.400-750 for Bench Secretaries and Rs.500-1000 for Section
Officers. Thereupon, the Anomalies Committee, while rejecting the claim
of Bench Secretaries for being placed on par with Section Officers,
suggested that I 0 posts of Bench Secretaries should be upgraded m1d
placed in the pay-scale ofRs.500-1000 (the same as, Section Officers). E
Those Bench Secretaries, who were placed in the pay-scale of Rs.500-
1000 were designated as Bench Secretaries Grade-I, and those placed .
in the pay-scale ofRs.400-750, were designated as Bench Secretaries
Grade-II.
(ii) This Court while adjudicating upon the controversy, examined F
the matter from two different angles. Firstly, whether Bench Secretaries
in the High Court ofAllahabad, were entitled to the pay-scale admissible
to Section Officers? Secondly, whether the creation of two grades with
different pay-scales in the cadre of Bench Secretaries despite the fact
that they were discharging the same duties and responsibilities, was
violative of the principle of'equal pay for equal work'? G
(iii) While answering the first question this Court feit, that the
issue required evaluation of duties and responsibilities of the respective
posts, with which equation was sought. And it was concluded, that on
the subject of equation of posts, the matter ought to be left for
H
372 SUPREME COURT REPORTS [2016] 7 S.C.R.
A determination to the executive, as the same would have to be examined
by expert bodies. It was however held, that whenever it was felt, that
expert bodies had not evaluated the duties and responsibilities in
consonance with law, the matter would be open to judicial review. In
the present case, while acknowledging that at one time Bench Secretaries
were paid more emoluments than Section Officers, it was held, that
B
since successive Pay Commissions and even Pay Rationalization
Committees had found, that Section Officers performed more onerous
duties, bearing greater responsibility as compared to Bench Secretaries,
it was not possible for this Court to go against the said opinion. As such,
this Court rejected the prayer of the Bench Secretaries as ofright, to be
c assigned a pay-scale equivalent to or higher than that of Section Officers.
(iv) With reference to the second question, namely, whether there
could be two scales of pay in the same cadre, of persons performing the
same or similar work or duties, this Court expressed the view, that all
Bench Secretaries in the High Court of Allahabad performed the same
D duties, but Bench Secretaries Grade-I were entitled to a higher pay-
scale than Bench Secretaries Grade-II, on account of their selection as
Bench Secretaries Grade-I, out of Bench Secretaries Grade-II, by a
Selection Committee appointed under the rules, framed by the High Court.
The above selection, was based on merit with due regard to seniority.
And only such Bench Secretaries Grade-II who had acquired sufficient
E experience, and also displayed a higher level of merit, could be appointed
as Bench Secretaries Grade-I. It was therefore held, that the rules
provided for a proper classification, for the grant of higher emoluments
to Bench Secretaries Grade-I, as against Bench Secretaries Grade-II.
(v) In the above view of the matter, the claim raised by the Bench
F Secretaries for equal pay, as was extended to Section Officers, was
declined by this Court.
11. Mewa Ram Kanojia v. All India Institute of Medical Sciences\
decided by a two-Judge bench: The petitioner in this case, was appointed
against the post .of Hearing Therapist, at the AIIMS, with effect from
G 3.8. i972. At that juncture, he was placed in the pay-scale of Rs.210-
425. Based on the recommendations made by the Third Pay Commission
(which were adopted by the AIIMS), the pay-scale for the post of Hearing
Therapist was revised to Rs.425-700, with effect from 1.1.1973. The
petitioner accordingly cameto be paid emoluments in the aforesaid revised
.H '(1989) 2 sec 235
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 373
[JAGDISH SINGH KHEHAR, J.]
pay-scale. The petitioner asserted, that the post of Hearing Therapist A
was required to discharge duties and responsibilities which were similar
to those of the posts of Speech Pathologist and Audiologist. The said
posts were in the pay-scale of Rs.650-1200. Since the claim of the
petitioner for the aforesaid higher pay-scale (made under the principle
of 'equal pay for equal work') was not acceded to by the department,
B
he made a representation to the Third Pay Commission, which also
negatived his claim for parity, as also, for a higher pay-scale. It is therefore
that he sought judicial intervention. His main grievance was, that Hearing
Therapist performed similar duties and functions as the posts of Senior
Speech Pathologist, Senior Physiotherapist, Senior Occupational Therapist,
Audiologist, and Speech Pathologist, and further, the qualifications c
prescribed for the above said posts were almost similar. Since those
holding the above mentioned comparable posts were also working in the
AIIMS, it was asserted, that the action of the employer was discriminatory
towards the petitioner.
(ii) Whilst controverting the claim ofthe!)etitioner it was pointed D
out, that the post of Hearing Therapist was not comparable with the
posts referred to by the petitioner. It was contended, that neither the
qualifications nor the duties and functions of the posts referred to by the
petitioner, were similar to that of Hearing Therapist. In the absence of
equality between the post of Hearing Therapist, and the other posts
referred to by the petitioner, it was asserted, that the claim of the petitioner E
was not acceptable under the principle of 'equal pay for equal work'.
(iii) During the course of hearing, the petitioner confined his claim
for parity only with the post ofAudiologist. It was urged, that educational
· qualifications, as well as, duties and functions of the posts of Hearing
Therapist and Audiologist were similar (if not the same). It was F
contended, that a Hearing Therapist was required to treat the deaf and
other patients suffering from hearing defects. A Hearing Therapist is
required to help in the rehabilitation of persons with hearing impairments.
It was also pointed out, that an Audiologist's work was to coordinate the
separate professional skills, which contribute to the study, treatment and G
rehabilitation of persons with impaired hearing. As such it was submitted,
that a person holding the post of an Audiologist, was a specialist in the
non-medical evaluation, habilitation and rehabilitation, of those who have
language and speech disorders. On the aforesaid premise, the petitioner
claimed parity with the pay-scale ofAudiologists.
H
374 SUPREME COURT REPORTS [2016] 7 S.C.R.
A (iv) Th is Court held, that there was a qualitative difference between
the two posts, on the basis of educational qualifications, and therefore,
the principle of 'equal pay for equal work', could not be invoked or
applied. It was further held, that the Third Pay Commission had
considered the claim of Hearing Therapists, but did not accede to the
grievances made by them. Since the Pay Commission was in better
B
position to judge the volume of work, qualitative difference and the
reliability and responsibility required of the two posts, this Court declined
to accept the prayer made by the petitioner, under the principle of'equal
pay for equal work'.
12. Grih Kalyan Kendra Workers' Union v. Union oflndia6, decided
c by a two-Judge bench: The workers' union in the above. case, had
approached this Court, in the first instance in 1984, by filing writ petition
no. 13924 of 1984. In the above petition, the relief claimed was for
payment of wages under the principle of 'equal pay for equal work'.
The petitioners sought parity with employees of the New Delhi Municipal
D Committee, and employees of other departments of the Delhi
Administration, and the Union of India. They approached this Court
again by filing civil writ petition no. 869of1988, which was disposed of
by the judgment cited above.
(ii) The petitioners were employees ofGrih Kalyan Kendras. They
E desired the Union of India to pay them wages in the regular pay-scale,
on par with other employees performing similar work under the New
Delhi Municipal Committee, or the Delhi Administration, or the Union of
India. It would be relevant to mention, that the petitioner- Workers'
Union was representing employees working in various centres of the
Grih Kalyan Kendras, on ad-hoc basis. Some of them were being paid
F a fixed salary, described as a honorarium, while others were working on
piece-rate wages at the production centres, without there being any
provision for any scale of pay or other benefits like gratuity, pension,
provident fund etc.
(iii) In the first instance, this Court endeavoured to deal with the
G question, whether the employers of these workers were denying them
wages as were being paid to other similarly placed employees, doing the
same or similar work. The question came to be examined forthe reason,
that unless the petitioners could demonstrate thatthe employees of the
Grih Kalyan Kendras, were being discriminated against on the subject
H 6(1991) 1sec619
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 375
(JAGDISH SINGH KHEHAR, J.)
of pay and other emoluments, with other similarly placed employees, the A
principle of'equal pay for equal work' would not be applicable. During
the course of the first adjudication in writ petition no. 13924of1984, this
Court requested a former Chief Justice of India, to make
recommendations after taking into consideration, firstly, whether other
similarly situated employees (engaged in similar comparable posts, putting
B
in comparable hours of work, in a comparable employment) were being
paid higher pay, and if so, what should be the entitlement of the agitating
employees, so as not to violate the principle of 'equal pay for equal
work', and secondly, if there was no other similar comparable employment,
whether the remuneration of the agitating employees, deserved to be
· revised on the ground, that their remuneration was unconscionable or c
unfair, and if so, to what extent. In the report filed by the former Chief
Justice of India, it was concluded, that there was no employment
comparable to the employment held by those engaged by the Grih Kalyan
Kendras, and therefore, they could not seek parity with other employees
working either with the New Delhi Municipal Committee, or the Delhi
D
Administration, or the Union oflndia.
(iv) Based on the aforesaid factual conclusion, this Court held
that the concept of 'equal pay for equal work' implies and requires,
equal treatment for those who are similarly situated. It was held, that a
comparison could not be drawn between unequals. Since the workers
who had approached the Court in the present case, had failed to establish E
that they were situated similarly as others, it was held, that they could
not be exten<lCd benefits which were being given to those, with whom
they claimed parity. In this behalf this Comt also opined, thatthe question
as to whether persons were situated equally, had to be determined by
the application of broad and reasonable tests, and not by way of a F
mathematical formula of exactitude. And therefore, since there were
no other employees comparable to the employees working in the Grih
Kalyan Kendras, this Court declined to entertain the prayer made by the
petitioners.
13. Union oflndia v. Pradip Kumar Dey 7 , decided by a two-Judge a
bench: It was the case of the respondent, that he was holding the post
ofNaik (Radio Operator), in which capacity he was discharging similar
duties as those performed in the Directorate of Coordination Police
Wireless, and other central government agencies. It was also the claim
1
12000) s sec sso H
376 SUPREME COURT REPORTS (2016] 7 S.C.R.
A of the respondent, that the duties performed by him as Naik (Radio
Operator) were more hazardous than those performed by personnel with
similar qualifications and experience in State services, and other
organizations. Even though a learned single Judge dismissed the writ
petition, an intra-Court appeal preferred by the respondent, was allowed.
B (ii) The Union oflndia raised three contentions, in its appeal to
this Court. Firstly, that the pay-scale claimed by the respondent, was
that of the post ofAssistant Sub-Inspector of Police. It was pointed out,
thatthe respondent was holding an inferior post- ofNaik (Radio Operator).
It was highlighted, that the post of Assistant Sub-Inspector of Police,
was a promotional post, for the post held by the respondent. Secondly, it
c was asserted on behalf of the Union of India, that the respondent had
not placed any material before the Court, on which the High Court could
have arrived at the conclusion, that the essential qualifications of the
post against which the respondent claimed parity, as also, the method of
recruitment thereto, were the same as that of the post held by the
D respondent. Thirdly, the post of Naik (Radio Operator) held by the
respondent was extended the benefit of special pay ofRs.80/- per month,
and that, there was nothing on the record of the case to show, that Radio
Operators in the Central Water Commission or the Directorate of Police
Wireless, were enjoying similar benefits.
E (iii) This Court while accepting the contentions advanced at the
hands of the Union of India held, that the pay-scale claimed by the
respondent was that for the post of Assistant Sub-Inspector, which
admittedly was a promotional post for Naik (Radio Operator), i.e., the
post held by the respondent. And as such, the claim made by the
respondent, of parity with a post superior in hierarchy (to the post held
F by him), was not sustainable. Furthermore, this Court arrived at the
conclusion, that there was no material on the record of the case to
demonstrate, that the essential qualifications and the method of
recruitment for, as also, the duties and responsibilities of the post held by
him, were similar to those of the post, against which the respondent was
G claimiQ.g pariJ,y.
14. State Bank of India v. M.R. Ganesh Babu 8, decided by a
three-Judge bench: Entry into the management cadre in banking
establishments, is Junior Management Grade Scale- I. The said cadre
comprises of Probationary Officers, Trainee Officers and other officers
H • c2002) 4 sec 556
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 377
[JAGDISH SINGH KHEHAR, J.]
who possess technical skills (specialized officers), such as Assistant Law A
Officers, Security Officers, Assistant Engineers, Technical Officers,
Medical Officers, Rural Development Officers, and other technical posts.
All the posts in the Junior Management Grade Scale- I cadre, were
divisible into two categories- generalist officers, and specialist officers.
Under the prevalent rules - the I979 Order, the benefit of a higher
B
starting ·pay, was extended only to Probationary Officers and Trainee
Officers (i.e. to generalist officers), while Rural Development Officers
and other specialist officers like Assistant Law Officers, Security Officers,
Assistant Engineers etc., were not entitled to a higher starting pay. Rural
Development Officers, agitated their claim for similar benefits, as were
extended to Probationary Officers and Trainee Officers (i.e. to the c
generalist officers). The question of viability of the claim raised by
Rural Development Officers, was referred to the Bhatnagar Committee.
The Bhatnagar Committee made its recommendation, in favour of Rural
Development Officers, finding that they were required to shoulder, by
and large, the same duties and responsibilities, as Probationary Officers
D
and Trainee Officers, so far as agricultural advances were concerned.
The Committee accordingly recommended, that it was a tit case for
removal of the anomaly in their salary fitment. It recommended that,
Rural Development Officers be allowed the same fitment of salary at
the time of appointment, as was extended to Probationary Officers and
Trainee Officers (i.e. to the generalist officers). The recommendation E
made by the Bhatnagar Committee was accepted, and accordingly, Rural
Development Officers were extended the same fitment of salary, as
generalist officers.
(ii) Since the benefit of additional increment was denied to other
specialist officers, they also made a grievance and claimed the benefit F
of additional increments, as had been extended to Rural Development
Officers. Since the State Bank oflndia did not accede to their request,
they approached the Kamataka High Court. The specialist officers
claimed, that in all respects, they performed similar duties and
responsibilities, as Rural Development Officers, and therefore, they were
entitled to the benefit of additional increments, at the time of their G
appointment, as had been extended to Rural Development Officers. A
learned single Judge of the High Court, on being impressed by the fact,
that some of the Rural Development Officers, who had not opted for
absorption in the generalist cadre (but had continued under the specialist
H
378 SUPREME COURT REPORTS [2016) 7 S.C.R.
A cadre), were also extended the benefit of higher starting pay, accepted
the claim of the specialist officers. Appeals preferred against the
judgment rendered by the learned. single Judge, were dismissed by a
division bench of the High Court.
(iii) This Court while examining the challenges, narrated the
B parameters on which the benefit of 'equal pay for equal work' can be
made applicable, as under:-
"16. The principle of equal pay for equal work has been
considered and applied in many reported decisions of this
Court. The principle has been adequately explained and
c Cl)'stalised and sufficiently reiterated in a catena of decisions
of this Cout1. It is well settled that equal pay must depend
upon the nature of work done. It cannot be judged by the
mere volume of work: there may be qualitative difference
as regards reliability and responsibility. Functions may be
the same but the responsibilities make a difference. One
D cannot deny that often the difference is a matter of degree
and that there is an element of value judgment by those
who are charged with the administration in fixing the scales
of pay and other conditions of service. So long as such
value judgment is made bona fide, reasonably on an
E intelligible criterion which has a rational nexus with the object
of differentiation, such differentiation will not amount to
discrimination. The principle is not always easy to apply as
there are inherent difficulties in comparing and evaluating
the work done by different persons in different organizations,
or even in the same organization. Differentiation in pay
F scales of persons holding same posts and performing similar
work cin the basis of difference in the degree of responsibility,
reliability and confidentiality would be a valid differentiation.
The judgment of administrative authorities concerning the
responsibilities which attach to the post, and the degree of
G reliability expected of an incumbent, would be a value
judgment of the authorities concerned which, if arrived at
bona fide reasonably and rationally, was not open to
interference by the court."
Based on the aforesaid parameters, this Court considered the
acceptability of the claim of the specialist officers, for parity with the
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 379
[JAGDISH SINGH KHEHAR, J.]
generalist officers. This Court recorded its conclusion, as under:- A
" 19. We have carefully perused the order of the Bank and
find that several reasons have been given for non-
acceptance of the respondents' claim. It has been
highlighted that the Probationary Officers/Trainee Officers
are being recruited from market/promoted from clerical staff B
by the Bank by means ofall-India written test and interview
to get the best talent from the market and within, with a
view to man the Bank's top management in due course.
Leaned counsel for the respondents submitted that the same
is also true of specialist officers. However, it is contended
on behalf of the appellant Bank that the generalist officers
c
are exposed to various assignments including mandatory
rural assignments. Unlike them, the services of Assistant
Law Officers are utilized as in-house advisors on legal
matters in administrative offices. The duties and
responsibilities of Probationary Officers/Trainee Officers D
are more onerous while the specialist officers are not
exposed to operational work/risk. It is. therefore. quite clear
that there exists a valid distinction in the matter of work
and nature of operations between the specialist officers and
the general category officers. The general category officers
are directly linked to the banking operations whereas the E
specialist officers are not so linked and they perform the
specified nature of work. RDOs were given similar fitment
as the generalist officers since it was found that they were
required to shoulder, by and large, the same duties and
responsibilities as Probationary Officers and Trainee F
Officers in so far as conducting Bank's agricultural
advances work was concerned. This was done on the basis
of the recommendations of the Bhatnagar Committee and
keeping in view the fact that the decision has been taken
thatthere would be no future recruitment ofRDOs and the
existing RDOs were proposed to be absorbed in general G
banking cadre. The recruitment of RDOs has been
discontinued since 1985. Taking into account the nature of
duties and responsibilities shouldered by the respondents
the Bank has concluded that the duties and responsibilities
H
380 SUPREME COURT REPORTS [2016) 7 S.C.R.
A of the respondents are not comparable to the duties and
responsibilities of the RDOs, the Probationary Officers or
the Trainee Officers.
20. Learned counsel for the respondents submitted that
specialist officers are also recruited from the open market
B and are confirmed after successfully completing the
probation of 2 years. Before the Order of 1979 came into
force, they were similarly being granted benefit of additional
increments at the time of appointment in the same manner
as the generalist officers. However, after the order of 1979
they have been deprived of this benefit. Subsequently that
c benefit was extended to RDOs but not to the respondents
and others like them. We have earlier noticed that the RDOs
were given the benefit of advance increments on the basis
of the report of an Expert Committee which justified their
classification with the generalist officers, having regard to
D the nature of duties and responsibilities shouldered by them.
However, on consideration of the case of the respondents.
the Bank as reached a different conclusion. The Bank has
found that their duties and responsibilities are not the same
as those of Probationary Officers/Trainee Officers/RDOs.
lt is no doubt true that the specialist officers render useful
E service and their valuable advice in the specialised fields is
of great assistance to the Bank in its banking operations.
The officers who belong to the generalist cadre, namely
the officers who actually conduct the banking operations
and who take decisions in regard to all banking works are
F advised by the specialist officers. There can be no doubt
that the service rendered by the specialist officers is also
valuable, but that is not to say that the degree of responsibility
and reliability is the same as those of the Probationary
Officers. the Trainee Officers. and the RDOs, who directly
carry on the banking operations and are required to take
G crucial decisions based on the advice tendered by the
specialist officers. The Bank has considered the nature of
duties and respO'nsibilities of the various categories of
officers and has reached bona fide decision that while
generalist officers take all crucial decisions in banking
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 381
[JAGDISH SINGH KHEHAR, J.]
operations with which they are directly linked, and are A
exposed to operational work and risk since the decisions
that they take has significant effect on the functioning of
the bankand quality ofits performance. the specialist officers
are not exposed to such risks nor are they required to take
decisions as vital as those to be taken by the generalist
B
officers. They at best render advice in their specialized field.
The degree of reliability and responsibility is not the same.
It cannot be said that the value judgment of the Bank in this
regard is either unreasonable, arbitrary or irrational. Having
regard to the settled principles and the parameters ofjudicial
interference, we are of the considered view that the decision c
taken by the Bank cannot be faulted on the ground of its
being either unreasonable, arbitrary or discriminatory and
therefore judicial interference is inappropriate."
On account of the reasons recorded above, specialist officers could
not substantiate their claim of parity. They were held not entitled to D
benefit of the principle of 'equal pay for equal work'
15. State of Haryana v. Haryana Civil Secretariat Personal Staff
Association 9, decided by a two-Judge bench: The respondent Association
in the above case, filed a writ petition before the Punjab and Haryana
High Court, seeking a direction to the appellant herein, to grant Personal E
Assistants in the Civil Secretariat, Haryana, the pay-scale of Rs.2000-
3500 + Rs.150 as special pay, which had been given to Personal Assistants
working in the Central Secretariat. The aforesaid prayer was made in
the background of the fact, that the State of Haryana had accepted the
recommendations of the Fourth Central Pay Commission, with regard to
revision of pay-scales, with effect from 1.1.1986. The case of Personal F
Assistants before the High Court was, that prior to 1986, Personal
Assistants working in the Civil Secretariat, Haryana, were enjoying a
higher scale of pay, than was extended to Personal Assistants working
in the Central Secretariat. On the receipt of Fourth Central Pay
Commission report, the Central Government revised the pay-scale of G
Personal Assistants to Rs.2000-3500 with effect from 1.1.1986. It was
pointed out, that even though the Government of Haryana had accepted
the recommendation of the Fourth Central Pay Commission, and had
also implemented the same, in respect of certain categories of employees,
• (2002) 6 sec n H
382 SUPREME COURT REPORTS [2016] 7 S.C.R.
A it did not accept the same in the case of Personal Assistants. The pay-
scale of Personal Assistants in the Ci vi 1Secretariat, Haryana, was revised
to Rs.1640-2900 + 150 as special pay.
(ii) It was also the contention of Personal Assistants, that in respect
of:certain categories of employees of different departments of the State
B ofHaryana, like Education, Police, Transport, Health and Engineering
and Technical staff, the State Government had fully adopted the
recommendations of the Fourth Central Pay Commission, by granting
them the pay-scale ofRs.2000-3500. The claim of the Personal Assistants
was also premised on the fact, that Personal Assistants working in the
Civil Secretariat, Haryana, discharged duties which were comparable
c with that of Personal Assistants in the Central Secretariat. And so also,
their responsibilities.
(iii) The High Cou_rt allowed the claim of the Association. It held,
that Personal Assistants working in the Civil Secretariat, Haryana, were
entitled to the pay-scale of Rs.2000-3500, with effect from 1.1.1986.
D The State ofHaryana approached this Court. This Court, while recording
its consideration, expressed the view, that the High Court had ignored
certain settled principles oflaw, while determining the claim of Personal
Assistants, by applying the principle of parity. This Court felt, that the
High Court was persuaded to accept the claim of Personal Assistants,
E only because of the designation of their post. This, it was held, was a
misconceived application of the principle. In its analysis, it was recorded,
that the High Court had assumed, that the assertions made at the behest
of the Personal Assistants, that they were discharging similar duties and
responsibilities as Personal Assistants in the Central Secretariat, had
remained unrebutted. That, this Court found, was factually incorrect.
F The State ofHaryana, in its counter affidavit before the High Court, had
adopted the specific stance, that there was no comparison between the
Personal Assistants working in the Civil Secretariat, Haryana, and
Personal Assistants working in the Central Secretariat. It was highlighted,
that the qualifications pn:scribed for Personal Assistants in the Central
G Secretariat, were different from those prescribed for Personal Assistants
in Civil Secretariat, Haryana. Tlie High Court was also found to have
erred in its determination, by not making any comparison of the nature
of duties and responsibilities, or about the qualifications prescribed for
recruitment. This Court accordingly set aside the order passed by the
High Court, allowing parity. ·
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 383
[JAGDISH SINGH KHEHAR, J.]
(iv) In order to delineate the parameters, on the basis of which the A
principle of 'equal pay for equal work' can be made applicable, this
Court observed as under:-
" I 0. It is to be kept in mind that the claim of equal pay for
equal work is not a fundamental right vested in any
employee though it is a constitutional goal to be achieved B
by the Government. Fixation of pay and determination of
parity in duties and responsibilities is a complex matter which
is for the executive to discharge. While taking a decision in
the matter several relevant factors. some of which have
been noted by this Court in the decided case, are to be
considered keeping in view the prevailing financial position c
and capacity of the State Government to bear the additional
liability of a revised scale of pay. It is also to be kept in
mind that the priority given to different types of posts under
the prevailing policies of the State Government is also a
relev:int factor for consideration by the State Government. D
In the context of complex nature of issues involved, the
far-reachi_ng consequences of a decision in the matter and
its impact on the administration of the State Government
courts have taken the view that ordinarily courts should not
try to delve deep into administrative decisions pertaining to
pay fixation and pay parity. That is not to say that the matter E
is not justiciable or that the courts cannot entertain any
proceeding against such administrative decision taken by
the Government. The courts should approach such matters ..
with restraint and interfere only when they are satisfied
that the decision of the Government is patently irrational, F
unjust and prejudicial to a section of employees and the
Government while taking the decision has ignored factors
which are material and relevant for a decision in the matter.
Even in a case where the court holds the order passed by
the Government to be unsustainable thei1 ordinarily a
direction should be given to the State Government or the G
authority taking the decision to reconsider the matter and
pass a proper order. The court should avoid giving a
declaration granting a particular scale of pay'and compelling
the government to implement the same. As noted earlier, in
H
384 SUPREME COURT REPORTS [2016) 7 S.C.R.
A the present case the High Court has not even made any
attempt to compare the nature of duties and responsibilities
of the two sections of the employees, one in the State
Secretariat and the other in the Central Secretariat. It has
also ignored the basic principle that there are certain rules,
regulations and executive instructions issued by the
B
employers which govern the administration of the cadre."
16. Orissa University of Agriculture & Technology v. Manoj K.
Mohanty 10, decided bv a two-Judge bench: The respondent in the above
case, was appointed as a Typist in 1990, on a consolidated salary of
Rs.530/- per month, against a vacancy of the post of Junior Assistant. It
c was his averment, that even though in the appointment order, he was
shown to have been appointed against the post offypist, he had actually
been working as a Junior Assistant, in the Examination Section of the
institute. In order to demonstrate the aforesaid factual position, the
respondent placed reliance on two certificates dated 4.12.1993 and
D 25.3.1996, issued to him by the Dean of the institute, affirming his stance.
Despite the passage of five years since his induction into service, he
was paid the same consolidated salary(referred to above), and was also
not being regularized. It was also pointed out, that another individual
junior to him was regularized against the post of Junior Assistant. The
respondent then approached the Orissa High Court by way of a writ
E petition, seeking appointment on regular basis. The High Court disposed
of the said writ petition, by directing, that the respondent be not disengaged
from service. The High Court further directed, that the respondent be
paid salary in the regular scale of pay admissible to JuniorAssistants,
with effect from September, 1997. A review petition filed against the
F High Court's order dated 11.9.1997, was dismissed. Dissatisfied with
the above order!>, the Orissa University of Agriculture & Technology
approached this Court. While dealing with the question of'equal pay
for equal work', this Court, noticed the factual position as under:-
" I 0. The High Court before directing to give regular pay-
G scale to the respondent w.e.f. September, 1997 on the
principle of"equal pay for equal work" did not examine the
pleadings and facts of the case in order to appreciate
whether the respondent satisfied the relevant requirements
such as the nature of work done by him as compared to the
'" 12003) s sec 1ss
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 385
[JAGDISH SINGH KHEHAR, J.]
nature of work done by the regularly appointed Junior A
Assistants, the qualifications, responsibilities etc. When the
services of the respondent had not been regularized, his
appointment was on temporary basis on consolidated pay
and he had not undergone the process for regular
recruitment, direction to give regular pay-scale could not
B
be given that too without examining the relevant factors to
apply the principle of"egual pay foregual work". It is clear
from the avennents made in the writ petition extracted above,
nothing is stated as regards the nature of work,
responsibilities attached to the respondent without comparing
them with the regularly recruited Junior Assistants. It cannot c
be disputed that there were neither necessary averments
in the writ petition nor any material was placed before the
High Court so as to consider the application of principle of
"equal pay for equal work"." '
Based on the fact, that the respondent had not placed sufficient D
material on the record of the case, to demonstrate the applicability of the
principle of 'equal pay for equal work', this Court set aside the order
passed by the High Court, directing that the respondent be paid wages in
the regular scale of pay, with effect from September, I 997.
17. Government ofW.B. v. Tarun K. Roy 11 , decided by a three- E
Judge bench: There were two technical posts, namely, Operator-cum-
Mechanic and Sub-Assistant Engineer, in the Irrigation Department, of
the Government ofWest Bengal. In 1970, the State Government revised
pay-scales. During the aforesaid revision, the pay-scale of the post of
Operator-cum-Mechanic, which was initially Rs.180-350, was revised
to Rs.230-425, with effect from 1.4.1970. The pay-scale of the post of F
Sub-Assistant Engineer was simultaneously revised to Rs.350-600, with
a higher initial start of Rs.330, with effect from the same date. Some
persons in the category ofOperator-cum-Mechanic, possessing the ·
qualification of diploma in engineering, claimed entitlement to the
nomenclature of Sub-Assistant Engineer, as also, the scale of pay G
prescribed for the post of Sub-Assistant Engineer. The Government of
West Bengal, during the course of hearing of the matter before this
Court, adopted the position, that diploma holder engineers working as
Operator-cum-Mechanics in the Irrigation Department, were not entitled
11 (2004) 1 sec 347 H
386 SUPREME COURT REPORTS [2016) 7 S.C.R.
A to be designated as Sub-Assistant Engineers. The said plea was negatived
by this Court in State of West Bengal v. Debdas Kumar, 1991 Supp. (1)
sec 138.
(ii) Another group of Operator-cum-Mechanics, who did not
possess diploma in engineering, and were graduates in science, or were
B holding school final examination certificate, claimed parity with Operator-
cum-Mechanics, possessing the qualification of diploma in engineering.
This Court, while rejecting their claim, observed as under:-
"30. The respondents are merely graduates in Science. They
do not have the requisite technical qualification. Only
c because they are graduates, they cannot, in our opinion,
claim equality with the holders of diploma in Engineering.
If any relief is granted by this Court to the respondents on
the aforementioned ground, the same will be in contravention
of the statutory rules. It is trite that this Court even in
exercise of its jurisdiction under Article 142 of the
D Constitution oflndia would not ordinarily grant such a relief
which would be in violation of a statutory provision."
18. S.C. Chandra v. State of Jharkhand 1c, decided by a two-Judge
bench: In the above matter, a number of civil appeals were disposed of,
through a common order. The appellants had approached the High Court
E with the prayer, that directions be issued to the respondents, to fix their
pay-scale at par with the pay-scale of government secondary school
teachers, or at par with Grade I and II Clerks of the respondent company
(Bharat Coking Coal Ltd. - BCCL). The appellants also prayed, that
facilities such as provident fund, gratuity, pension and other retiral benefits,
F should also be made available to them. In addition to the above prayers,
the appellants also sought a direction, that the management of the school,
· be taken over by the State Government. Dissatisfied with the orders
passed by the High Court, the employees of the school approached this
Court. This Court disposed of the matter by recording the following
conclusion:- . ~
G
"21. Learned counsel for the appellants have relied on
Article 39(d) of the Constitution. Article 39(d) does not
mean that all the teachers working in the school should be
equated with the clerks in BCCL or the Government of
1
' (2007) s sec 219
H
STATE OF PUNJAB & ORS. v. JAGJJT SINGH & ORS. 387
[JAGDISJ:I SINGH KHEHAR, J.]
Jharkhand for application of the principle of equal pay for A
equal work. There should be total identity between both
groups i.e. the teachers of the school on the one hand and
the clerks in BCCL, and as such the teachers cannot be
equated with the clerks of the State Government or of
BCCL. The question ofapplication ofArticle 39(d) of the
B
Constitution has recently been interpreted by this Court in
State of Haryana v. Charanjit Singh, (2006) 9 SCC 321,
wherein Their Lordships have put the entire controversy to
rest and held that the principle, "equal pay for equal work"
must satisfy the test that the incumbents are performing
equal and identical work as discharged by employees against c
whom the equal pay is claimed. Their Lordships have
reviewed all the cases bearing on the subject and after a
detailed discussion have finally put the controversy to rest
that the persons who claimed the parity should satisfy the
court that the conditions are identical and equal and same
D
duties are being discharged by them. Though a number of
cases were cited for our consideration but no useful purpose
will be served as in State of Haryana v. Charanjit Singh,
(2006) 9 sec 321, all these cases have been reviewed by
this Court. More so, when we have already held that the
appellants are not the employees of BCCL; there is no E
question seeking any parity of the pay with that of the clerks
of BCCL."
A perusal of the determination rendered by this Court reveals,
that for claiming parity underthe principle of'equal pay for equal work',
there should be total identity between the post held by the claimants, and f'
the reference post, with whom parity is claimed.
19. Official Liquidator v. Dayanand'3. decided by a three-Judge
bench: Directions were issued by the Calcutta and Delhi High Courts to
the appellant, in the above matter, to absorb persons employed by the
Official Liquidators (attached to those High Courts) under Rule 308 of G
the Companies (Court) Rules, 1959, against sanctioned posts, in the
Department of Company Affairs. By virtue of the above directions, the
respondents who were employed/engaged by Official Liquidators, were
paid salaries and allowances from the Company's funds. The question
" (2008) 1osec 1
H
388 SUPREME COURT REPORTS [2016] 7 S.C.R.
A that arose for consideration before this Court was, whether the
respondents were entitled to sanctioned Government posts, in the office
of the Official Liquidator(s). While disposing of the above issue, this
Court held as under:-
"! 00. As mentioned earlier, the respondents were employed/
B engaged by the Official Liquidators pursuant to the sanction
accorded by the Court under Rule 308 of the 1959 Rules
and they are paid salaries and allowances from the company
fund. They were neither appointed against sanctioned posts
nor were they paid out from the Consolidated Fund oflndia.
Therefore, the mere fact that they were doing work similar
c to the regular employees of the Offices of the Official
Liquidators cannot be treated as sufficient for applying the
principle of equal pay for equal work. Any such direction
will compel the Government to sanction additional posts in
the Offices of the Official Liquidators so as to facilitate
D payment of salaries and allowances to the company-paid
staff in the regular pay scale from the Consolidate Fund of
India and in view of our finding that the policy decision
taken by the Government of India to reduce the number of
posts meant for direct recruitment does not suffer from
any legal or constitutional infirmity, it is not possible to
E entertain the plea of the respondents for payment of salaries
and allowances in the regular pay scales and other monetary
benefits on a par with regular employees by applying the
principle of equal pay for equal work."
20. State of West Bengal v. West Bengal Minimum Wages
F lnspectorsAssociation 1\ decided by a two-Judge bench: The respondent
Association represented the cadre of Inspector (Agricultural Minimum
Wages), before the High Court of Calcutta. The claim made before the
High Court was, that the said cadre was entitled to parity in pay-scales,
with the posts oflnspector (Cooperative Societies), Extension Officer
G (Panchayats) and Revenue Officer.' The aforesaid claim of parity was
based on the sole consideration, that the posts oflnspector (Agricultural
Minimum Wages) on the one hand, and the posts of Inspector
(Cooperative Societies), Extension Officer (Panchayats) and Revenue
Officer on the other, were in the same pay-scale, prior to the revision of
H "(2010) 5 sec 225
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 389
[JAGDISH SINGH KHEHAR, J.]
pay-scales, i.e., Pay-Scale 9 (- Rs.300-600). After the pay revision in A
1981, while the Inspector (Agricultural Minimum Wages) cadre, was
retained in Pay-Scale 9 (- Rs.300-600), the other three cadres - Inspector
(Cooperative Societies), Extension Officer (Panchayats) and Revenue
Officer, were placed in Pay-Scale 11 (- Rs.425-1050). It was based on
th~ above factual assertion, that the respondents claimed placement in
B
Pay-Scale 11 (- Rs.425-1050). The claim of the respondents, was not
based on the assertion, that Inspectors (Agricultural Minimum Wages)
were discharging duties and responsibilities, which were similar/identical
to those of Inspectors (Cooperative Societies), Extension Officers
(Panchayats) and Revenue Officers. It is this aspect, which weighed
with this Court while determining the claim of the respondents for parity. c
In the above adjudication, this Court recorded the following observations:-
"20. The burden to prove disparity is on the employees
claiming parity-vide State ofU.P. v. Ministerial Karamchari
Sangh, ( 1998) I SCC 422; Associate Banks Officers'
Association v. SBI, (I 998) I SCC 428; State ofHaryana v. D
Haryana Civil Secretariat Personal StaffAssociation, (2002)
6 SCC 72; State of Haryana v. Tilak Raj, (2003) 6 SCC
123; S.C. Chandra v. State of Jharkhand, (2007) 8 SCC
279 and U.P. SEB v. Aziz Ahmad, (2009) 2 SCC 606.
21. What is significant in this case is that parity is claimed E
by Inspectors. AMW. by seeking extension of the pay scale
applicable to Inspector (Cooperative Societies), Extension
Officers (Panchayat) and KGO-JLRO (Revenue Officers)
not on the basis that the holders of those posts were
performing similar duties or functions as Inspectors. AMW.
On the other hand. the relief was claimed on the ground F
that prior to ROPA Rules 1981. the posts in the said three
reference categories. and Inspectors. AMW were all in the
same pay scale (Pay Scale 9), and that under ROPA Rules
1981. those other three categories have been given a higher
Pay Scale of No. I I, while they - Inspectors. AMW - were G
discriminated by continuing them in the Pay Scale 9.
22. The claim in the writ petition was not based on the
ground that subject post and reference categoiy posts carried
similar or identical duties and responsibilities but on the
contention that as the subject post holders and the holders H
390 SUPREME COURT REPORTS [2016] 7 S.C.R.
A of reference category posts who were enjoving equal pay
at an earlier point of time. should be continued to be given
equal pay even after pay revision. In other words. the parity
claimed was not on the basis of equal pay for equal work,
but on the basis of previous equal pay.
B 23. It is now well-settled that parity cannot be claimed merely
on the basis that earlier the subject post and the reference
category posts were carrying the same scale of pay. In
fact, one of the functions ofthe Pay Commission is to identify
the posts which deserve a higher scale of pay than what
was earlier being enjoyed with reference to their duties and
c responsibilities, and extend such higher scale to those
categories of posts.
24. The Pay Commission has two functions; to revise the
existing pay scale, by recommending revised pay scales
corresponding to the pre-revised pay scales and, secondly,
D make recommendations for upgrading or downgrading. posts
resulting in higher pay scales or lower pay scales, depending
upon the nature. of duties and functions attached to those
posts. Therefore, the mere fact that at an earlier point of
time, two posts were carrying the same pay scale does not
E mean that after the implem-entation ofrevision in pay scales,
they should necessarily have the same revised pay scale.
25. As noticed above, one oost which is considered as having
a lesser pay scale may be assigned a higher pay scale and
another post which is considered to have a proper pay scale
F may merely be assigned the corresponding revised pay scale
but not any higher pay scale. Therefore. the benefit ofhiglrer ~
pay scale can only be claimed by establishing that holders
of the subject post and holders ofreference category posts.
discharge duties and functions identical with. or similar to,
. each other and that the continuation of disparity is irrational
G '8nd unjust."
Based on the above consideration, this Court observed, that
Inspectors (Agricultural Minimum Wages), had neither pleaded nor
proved, that they were discharging duties and functions similar to the
duties and functions of the Inspectors (Cooperative S6cieties), Extension
H Officers (Panchayats) and Revenue Officers, and therefore held, that
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 391
[JAGDISl:LSINGH KHEHAR, J.]
their claim for pay parity, under the principle of 'equal pay for equal A
work', could not be accepted.
21. Union Territory Administration. Chandigarh v. Manju Mathur' 5•
decided by a two-Judge bench: In the above matter, the respondents
were working as Senior Dieticians and Dieticians in the Directorate of
Health Services of the Chandigarh Administration. They were posted in B
the General Hospital, Chandigarh, under the Union Territory Administration
of Chandigarh. They were placed in the pay-scale ofRs.1500-2540 and
Rs.1350-2400, respectively. They moved the Chandigarh Administration,
seeking the pay-scale extended to their counterparts, employed in the
State of Punjab. The posts against which they were claiming equivalence,
were those of Dietician (gazetted) and Dietician (non-gazetted) in the c
Directorate of Research and Medical Education, Punjab. The posts
with which they were seeking equivalence, were sanctioned posts in the
Rajindera Hospital (Patiala) and the Shri Guru Teg Bahadur Hospital
(Amritsar). These posts were in the pay-scale ofRs.2200-4000 and
Rs.1500-2640, respectively. After the State Government declined to D
accept their claim, they approached the High Court of Punjab and
Haryana, which accepted their claim. Dissatisfied with the judgment
rendered by the High Court, the Union Territory Administration of
Chandigarh, approached this Court.
(ii) During the pendency of the proceedings before this Court, a E
direction was issued to the Union Territory Administration of Chandigarh,
to appoint a' High Level Equivalence Committee', to examine the nature
of duties and responsibilities of the post of Senior Dietician working
under the Union Territory Administration of Chandigarh, vis-a-vis,
Dietician (gazetted) working under the State of Punjab. ·And also to
examine the nature of duties and responsibilities of the post of Dietician, F
working under the Union Territory Administration of Chandigarh, vis-a-
vis, Dietician (non-gazetted) working under the State of Punjab, and
submit a report. A report was accordingly submitted to this Court (which
is extracted in the above judgment).
(iii) In its report, the 'High Level Equivalence Committee' arrived G
at the conclusion, that the duties and responsibilities of the posts held by
the respondents, and the corresponding reference posts with which they
were claiming parity, were not comparable or equivalent. As such, this
Court recorded the following observations:-
" <2011) 2 sec 452 H
392 SUPREME COURT REPORTS [2016] 7 S.C.R.
A "9. We have heard the learned Counsel for the parties. We
find from the report of the High Level Equivalence
Committee extracted above that the Directorate of
Research and Medical Education, Punjab. is a teaching
institution in which the Dietician has to perfonn multifarious
duties such as teaching the probationary nurses in subjects
B
ofnutrition dietaries. control and management of the kitchen,
etc .. whereas, the main duties of the Dietician and Senior
Dietician in the Government Multi-Specialty Hospital in the
Union Territory Chandigarh are only to check the quality of
food being provided to the patients and to manage the
c kitchen."
Based on the above detennination, the prayer for parity under the
principle of'equal pay for equal work' was declined to the respondents,
and accordingly the judgment of the High Court, was set aside.
22. Steel Authority oflndia Limited v. Dibyendu Bhattacharya 16,
D decided by a three-Judge bench: The respondent in th(! above case,
was appointed against the post of Speech Therapist/Audiologist, in the
Durgapur Steel Plant, in S-6 grade in Medical and Health Services. After
serving for a few years, he addressed a representation to the appellant,
claiming parity with one B.V. Prabhakar, employed at the Rourkela Steel
E Plant (a different unit of the same company). The said B.V. Prabhakar
was holding the post of E-1 grade in the executive cadre, though
designated as Speech Therapist/Audiologist. In his representation, the
respondent did not claim parity in pay, but only claimed change of the
cadre and upgradation of his post, and accordingly relaxation in eligibility,
so as to be entitled to be placed in the pay-scale of posts in E-1 grade.
F
(ii) The appellant did not accept the claim raised by the respondent.
He accordingly approached the High Court ofCalcutta. A division bench
of the High Court, accepted his claim for pay parity. It is in the aforesaid
background, that the appellant approached this Court, to assail the
judgment rendered by the High Court. The issue of pay parity was dealt
G with by this Court, by recording the following observations:-
"30. In view of the above, the law on the issue can be
summarised to the effect that parity of pay can be claimed
by invoking the provisions of Articles 14 and 39(d) of the
06
12011) 11sec122
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 393
(JAGDISH SINGH KHEHAR, J.]
Constitution oflndia by establishing that the eligibility, mode A
of selection/recruitment, nature and quality of work and
duties and effort, reliability, confidentiality, dexterity,
functional need and responsibilities and status of both the
posts are identical. The functions may be the same but the
skills and responsibilities may be really and substantially
B
different. The other post may not require any higher
qualification, seniority or other like factors. Granting parity
in pay scales depends upon the comparative evaluation of
job and equation of posts. The person claiming parity. must
plead necessary averments and prove that all things are
equal between the posts concerned. Such a complex issue c
cannot be adjudicated by evaluating the affidavits filed by
the parties.
31. The onus to establish the discrimination by the employer
lies on the person claiming the parity of pay. The Expert
Committee has to decide such issues. as the fixation of pay D
scales etc. falls within the exclusive domain of the executive.
So long as the value judgment of those who are responsible
for administration i.e. service conditions. etc., is found to
be bonafide. reasonable. and on intelligible criteria which
has a rational nexus of objective of differentiation. such
differentiation will not amount to discrimination. It is not E
prohibited in law to have two grades of posts in the same
cadre. Thus, the nomenclature of a post may not be the
sole determinative factor. The courts in exercise of their
limited power of judicial review can only examine whether
the decision of the State authorities is rational and just or F
prejudicial to a particular set of employees. The court has
to keep in mind that a mere difference in service conditions
does not amount to discrimination. Unless there is complete
and wholesale/wholesome identity between the two posts
they should not be treated as equivalent and the Court should
avoid applying the principle of equal pay for equal work." G
Based on the above consideration, this Court recorded its analysis,
on the merits of the controversy, as under:-
"34. Shri B.V. Prabhakar, had been appointed in E-1 Grade,
H
394 SUPREME COURT REPORTS [2016] 7 S.C.R.
A in the Rourkela unit, considering his past services in the
Bokaro Steel Plant, another unit of the Company, for about
two decades prior to the recruitment of the respondent. As
every unit may make appointments taking into consideration
the local needs and requirement, such parity claimed by the
respondent cannot be held to be tenable. The reliefs sought
B
by the respondent for upgradation of the post and waiving
the eligibility criteria had rightly been refused by the
appellants and by the learned Single Judge. In such a fact-
situation. there was no justification forthe Division Bench
to allow the writ petition. granting the benefit from the date
c of initial appointment of the respondent. The respondent
has not produced any tangible material to substantiate his
claim. thus. he could not discharge the onus of proof to
establish that he had made some justifiable claim. The
respondent miserably failed to make out a case for pay
parity to the post of E-1 Grade in executive cadre. The
D
appeal, thus, deserves to be allowed."
It is, therefore apparent, that this Court d!d not accept the prayer
of pay parity, in the above cited case, based on the principle of 'equal
pay for equal work'.
E 23. Hukum Chand Gupta v. Director General. Indian Council of
Agricultural Research 17, decided by a two-Judge bench: In the above
matter, the appellant was originally appointed as a Laboratory Assistant
in Group D, in the National Dairy Research Institute. He was promoted
as a Lower Division Clerk, after he qualified a limited departmental
competitive examination. He was further promoted as a Senior Clerk,
F again after qualifying a limited departmental competitive examination.
At this stage, he was placed in the pay-scale ofRs.1200-2040. He was
further promoted to the post of Superintendent in the pay-scale ofRs.1640-
2900, yet again, after passing a departmental examination. Eventually,
he was promoted as an Assistant Administrative Officer, on the basis of
G seniority-cum-fitness. The Indian Council of Agricultural Research
revised the pay-scales of Assistants, from Rs.1400-2600 to Rs.1640-
2900, with effect from 1.1.1986. However, the pay-scale of the post of
Superintendent was not revised.
17
- (ii)
-(2012)
-12-The appellant submitted a representation seeking revision of
sec 666
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 395
[JAGDISH SINGH KHEHAR, J.]
his pay-scale on the ground, that in the headquarters ofthe Indian Council A
of Agricultural Research, the post of Superintendent is a promotional
post, from the post of Assistant (which carried the pay-scale ofRs.1640-
2900). He also claimed parity in pay-scale with one J.l.P. Madan. The
claim of the appellant was not accepted by the authorities, whereupon,
he first approached the Administrative Tribunal and eventually the High
B
Court of Punjab and Haryana, which also did not accept his contention.
It is, therefore, that he approached this Court.
(iii) While adjudicating upon the above controversy, this Court relied
and endorsed the reasons recorded by the Administrative Tribunal in
rejecting the claim of the appellant in the following manner:-
c
"9. By a detailed order, the Tribunal rejected both the claims.
It was observed that the post at headquarters cannot be
compared with the post at institutional level as both are
governed by different sets of service rules. The second
prayer with regard to the higher pay scale given to Shri
J.l.P. Madan was rejected on the ground that he had been D
given the benefit of second upgradation in pay since he had
earned only one promotion throughout his professional
career. Aggrieved by the aforesaid, the appellant filed a
writ petition C. W.P. No. 9595 CAT of2004 before the High
Court. The writ petition has also been dismissed by judgment E
dated 8-7-2008. This judgment is impugned in the present
appeal."
This Court, recorded the following additional reasons, for not
accepting the claim of the appellant, by observing as under:-
"15. In our opinion, the explanation given by Mrs. Sunita F
Rao does not leave any room for doubt that the claim made
by the appellant is wholly misconceived. There is no
comparison between the appellant and Shri J.I.P. Madan.
The appellant had duly earned promotion in his cadre from
the lowest rank to the higher rank. Havingjoined in Group G
D, he retired on the post of AAO. On the other hand, Shri
J.l.P. Madan had been working in the same pay scale till
his promotion on the post of AAO. Therefore, he was held
entitled to the second upgradation after 24 years of service.
He had joined as an Assistant by Direct Recruitment and
H
396 SUPREME COURT REPORTS [2016] 7 S.C.R.
A promoted on 24-8-1990 as a Superintendent. After the
merger of the post of Assistant with the Superintendent,
the earlier promotion of Shri Madan was nullified, as
Assistant was no longer a feeder post for the promotion on
the post of Superintendent. Thus, a financial upgradation,
in view of ACP Scheme, was granted to him since _he had
B
no opportunity for the second promotion."
This Court concluded the issue by holding as under:-
"20. We are also not inclined to accept the submission of
the appellant that there can be no distinction in the pay
c scales between the employees working at headquarters and
the employees working at the institutional level. it is a matter
of record that the employees working at headquarters are
governed by a completely different set of rules. Even the
hierarchy of the posts and the channels of promotion are
different. Also, merely because any two posts at the
D headquarters and the institutional level have the same
nomenclature, would not necessarily require that the pay
scales on the two posts should also be the same. In our
opinion, the prescription of two different pay scales would
not violate the principle of equal pay for equal work. Such
E action would not be arbitrary or violate Articles 14, 16 and
39D of the Constitution of India. It is for the employer to
categorize the posts and to prescribe the duties of each
post. There can not be any straitjacket formula for holding
that two posts having the same nomenclature would have
to be given the same pay scale. Prescription of pay scales
F on particular posts is a very complex exercise. It requires
assessment of the nature and quality of the duties performed
and the responsibilities shouldered by the incumbents on
different posts. Even though, the two posts may be referred
to by the same name. it would not lead to the necessai:y -
G inference that the posts are identical in evei:y manner. These
are matters to be assessed by expert bodies like the employer
or the Pay Commission. Neither the Central Administrative
Tribunal nor a Writ Court would normally venture to
substitute its own opinion forthe opinions rendered by the
experts. The Tribunal or the Writ Court would lack the
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 397
[JAGDISH SINGH KHEHAR, J.]
necessary expertise undertake the complex exercise of A
equation of posts or the pay scales.
21. In expressing the aforesaid opinion,- we are fortified by
the observations made by this Court in State of Punjab vs.
Surjit Singh, (2009) 9 SCC 514. In that case, upon review
of a large number of judicial precedents relating to the B
principle of" equal pay for equal work", this Court observed
as follows: (SCC pp. 527-28, para 19)
"19 .... '19 .... Undoubtedly, the doctrine of"equal pay
for equal work" is not an abstract doctrine and is capable
of being enforced in a court of law. But equal pay must c
be for equal work of equal value. The principle of"equal
pay for equal work" has no mechanical application in
every case. Article 14 permit~ reasonable classification
based on qualities or characteristics of persons recruited·
and grouped together, as against those who were left
out. Of course, the qua Iities or characteristics must have D
a reasonable relation to the object sought to be achieved.
In service matters, merit or experience can be a proper
basis for classification for the purposes of pay in order
to promote efficiency in administration. A higher pay
scale to avoid stagnation or resultant frustration for lack E
of promotional avenues is also an acceptable reason for
pay differentiation ..... A mere nomenclature designating
a person as say a carpenter or a craftsman is not enough
to come to the conclusion that he is doing the same work
as another carpenter or craftsman in regular service.
The quality of work which is produced may be different F
and even the nature of work assigned may be different.
It is not just a comparison of physical activity. The
application of the principle of"equal pay for equal work"
requires consideration of various dimensions of a given
job. The accuracy required and the dexterity that the G
job may entail may differ from job to job. It cannot be
judged by the mere volume of work. There may be
qualitative difference as regards reliability and
responsibility. Functions may be the same but the
responsibilities make a difference. Thus, normally the
H
398 SUPREME COURT REPORTS [2016] 7 S.C.R.
A applicability of this principle must be left to be evaluated
and determined by an expert body. These are not matters
where a writ court can lightly interfere. Normally a party
claiming equal pay for equal work should be required to
raise a dispute in this regard. In any event, the party
who claims equal pay for equal work has to make
B
necessary averments and prove that all things are equal.
Thus, before any direction can be issued by a court, the
court must first see that there are necessary averments
and there is a proof.'*" (emphasis supplied)
In our opinion, the aforesaid observations would be a
c complete answer to all the submissions made by the
appellant."
For the above reasons, this Court rejected the claim of the
appellant, based on the principle of'equal pay for equal work'.
D 24. National Aluminum Company Limited v.Ananta Kishore Rout 18,
decided by a two-Judge bencl.!: The appellant in the above matter, i.e.,
National Aluminum Company Limited (hereinafter referred to as,
NALCO) had established two schools. In the first instance, NALCO
itselflooked after the management of the said schools. In 1985, it entered
into two separate but identical agreements with the Central Chinmoy
E Mission Trust, Bombay, whereby the management of the schools was
entrusted to the above trust. In 1990, a similar agreement was entered
into for the management of the above two schools, with the Saraswati
Vidya Mandir Society (affiliated to Vidya Bharati Akhila Bharatiya
Shiksha Sansthan). Accordingly, with effect from 1990, the said Society
F commenced to manage the affairs of the employees, of the above two
schools. Two writ petitions were filed by the employees of the two
schools before the High Court ofOrissa at Cutiack, seeking a mandamus,
that they be declared as employees of NALCO, and be treated as such,
with the consequential prayer, that the employees of the two schools be
accorded suitable pay-scales, as were admissible to the employees of
G NALCO. The High Court accepted the above prayers. It is, therefore,
that NALCO approached this Court.
(ii) In adjudicating upon the above matter, this Court recorded its
consideration as under:-
"(201-116 sec 756
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 399
[JAGDISH SINGH KHEHAR, J.]
"33. Insofar as their service conditions are concerned, as A
already conceded by even the respondents themselves, their
salaries and other perks which they arc getting are better
tlH111 their counter parts in Government schools or aided/
unaided recognised schools in the State of Orissa. In a
situation like this even if, for the sake of argument, it is
B
eresumed that NAl~CO is the employer of these employees,
they would not be entitled to the pay scales which are given
to other employees of NALCO as there cannot be any
comparison between the two. The principle of "equal pay
for equal work" is not attracted at all. Those employees
directly employed by NALCO are discharging altogether c
different kinds of duties. Main activity of NALCO is the
manufacture and production of alumina and alumi1~ium for
which it has its manufacturing units. The process and method
of recrnitment ofthose employees, their eligibility conditions
for appointment, nature of job done by those employees
D
etc. is entirely different from the employees of these schools.
This aspect is squarely dealt with in the case of SC Chandra
vs. State of Jharkhand, (2007) 8 SCC 279, where the plea
for parity in employment was 1ejected thereby refusing to
give parity in salary claim by school teachers with class
working under Government of Jharkhand and BCCL. The E
discussion which ensued, while rejecting such a claim, is
recapitulated hereunder in the majority opinion authored by
A.K. Mathur, J .: (SCC p. 289, paras 20-21) .
i
"20. After going through the order of the 9ivision Bench
we are of opinion that the view taken by the Division F
Bench of the High Court is correct. Firstly, the school is
not being managed by BCCL as from the facts it is more
than clear that BCCL was only extending financial
assistance from time to time. By that it cannot be saddled
with the liability to pay these teachers of the school as
being paid to the clerks working with BCCL or in the G
Government of Jharkhand. It is essentially a school
managed by a body independent of the management of
BCCL. Therefore, BCCL cannot be saddled with the
responsibilities of granting the teachers the salaries
H
400 SUPREME COURT REPORTS [2016] 7 S.C.R.
A equated to that of the clerks working in BCCL.
21. Learned counsel for the appellants have relied on
Article 39(d) of the Constitution.Article 39(d) does not
mean that all the teachers working in the school should
. be equated with the clerks in BCCL or the Government
B of Jharkhand for application Of the principle of equal
pay for equal work. There should be total identity
between both groups i.e. the teachers of the school on
the one hand and the clerks in BCCL, and as such the
teachers cannot be educated with the clerks of the State
.:Government or of BCCL. The question of application
c of Article 39(d) of the Constitution has recently been
interpreted by this Court in State ofHaryana v. Charanjit
Singh, (2006) 9 SCC 321, wherein Their Lordships have
put the entire-controversy to rest and held that the
principle, 'equal pay for equal work' must satisfy the
D test that the incumbents are performing equal and
identical work as discharged by employees against whom
the equal pay is claimed. Their Lordships have reviewed
all the cases bearing on the subject and after a detailed
discussion have finally put the controversy to rest that
the persons who claimed the parity should satisfy the
E court that the conditions are identical and equal and same
duties are being discharged by them. Though a number
of cases were cited for our consideration but no useful
purpose will be served as in Charanjit Singh all these
cases have been reviewed by this Court. More so, when
F we have already held that the appellants are not the
employees of BCCL, there is no question seeking ~ny
parity of the pay with that of the clerks of BCCL."
Based on the above consideration, this Court recorded its conclusion
as follows:-
G "35. We say at the cost of repetition that there is no parity
in the nature of work, mode of appointment, experience,
educational qualifications_ between the NALCO employees
and the employees of the two schools. In fact, such a
comparison can be made with their counter parts in the
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 401
[JAGDISH SINGH KHEHAR, J.]
Government schools and/or aided or unaided schools. On A
that parameter; there cannot be any grievance of the staff .
which is getting better emoluments and enjoying far superior
service conditions."
It is, therefore apparent, that the principle of 'equal pay for equal
work' was held to be not applicable to the employees of the two schools, B
so as to enable them to claim parity, with the employees of NALCO.
25. We shall now attempt an analysis of the decisions rendered by
this Court, wherein temporary employees (differently designated as work-
charge, daily-wage, casual, ad-hoc, contractual, and the like) raised a
claim for being extended wages, equal to those being drawn by regular c
employees, and the parameters determined by this Court, in furtherance
of such a claim. Insofar as the present controversy is concerned, the
same falls under the present category.
26. Dhirendra Chamoli v. State ofU .P. 19, decided by a two-Judge
bench: Two Class-IV employees of the Nehru Yuvak Kendra, Dehradun, D
engaged as casual workers on daily-wage basis, claimed that they were
doing the same work as Class-IV employees appointed on regular basis.
The reason for denyingthem the pay~scale extended to regular employees
was, that there was no sanctioned post to accommodate the petitioners,
and as such, the assertion on behalf of the respondent-employer was,
that they could. not be extended the benefits permissible to regular E
employees. Furthermore, their claim was sought to be repudiated on the
ground, that the petitioners had taken up their employment with the Nehru
Yuvak Kendra knowing fully well, that they would be paid emoluments
of casual workers engaged on daily-wage basis, and therefore, they
could not claim beyond what they had voluntarily accepted. F
(ii) This Court held, that it was not open to the Government to
exploit citizens, specially when India was a welfare state, committed to
a socialist pattern of society. The argument raised by the Government
was found to be violative of the mandate of equality, enshrined in Article
I 4 of the Constitution. This Court held that the mandate of Article 14 G
ensured, that there would be equality before law and equal protection of
,, the l!!w.. It was inferred therefrom, that there must be 'equal pay for
equal work'. Having found, that employees engaged by different Nehru
Yuvak Kendras in the country were performing similar duties as regular
"(1986) 1sec637
H
•
402 SUPREME COURT REPORTS [2016) 7 S.C.R.
A Class-IV employees in its employment, it was held, that they must get
the same ~alary and conditions of service as regular Class-IV employees,
and that, it made no difference whether they were appointed on
sanctioned posts or not. So long as they were performing the same
duties, they must receive the same salary.
'
B 27. Surinder Singh v. Engineer-in-Chief, CPWD'0 , decided by a
. two-Judge bench: The petitioners int.he instant case were employed by
the Central Public Works Department on daily-wage basis. They
demanded the same wage as was being paid to permanent employees,
doing identical \VOrk. Herein, the respondent-employer again contested
the claim, by raising the plea that petitioners could not be employed on
c regular and permanent basis for want of permanent posts. One of the
objections raised to repudiate the claim of the petitioners was, that the
doctrine of 'equal pay for equal work' was a mere abstract doctrine and
was not capable of being enforced in law.
(ii) The objection raised by the Government was rejected. It was
D held, that all organs ofthe State were committed to the directive principles
of the State policy. It was pointed out, that Article 39 enshrined the
principle of 'equal pay for equal work', and accordingly this Court
concluded, that the principle of 'equal pay for equal work' was not an
abstract doctrine. It was held to be a vital and vigorous doctrine accepted
E throughout the world, particularly by all socialist coulltfies. Referring to
the decision rendered by this Court in the D.S. Nakara case:, it was
held, that the above proposition had been affirmed by a Constitution
Bench of this Court. It was held, that the Central Government, the State
Governments and likewise, all public sector undertakings, were expected
to function like model and enlightened employers and further, the argument
F that the above principle was merely an abstract doctrine, which could
not be enforced tffrough a Court of law, cou Id not be raised either by the
State or by State undertakings. The petitions were accordingly allowed,
and the Nehru Yuvak Kendras were directed to pay all daily-rated
employees, salaries and allowances as were paid to regular employees,
G from the date of their engagement. :
28. Bhagwan Dass v. State of Hai:yana: 1, decided by a two-Judge
bench: The Education Department of the State ofHaryana, was pursuing
an adult education scheme, sponsored by the Government oflndia, under
'" < 1986) 1sec 639
11 " ( 1987J 4 sec 634
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 403
[JAGDISH SINGH KHEHAR, J.]
the National Adult Education Scheme. The object of the scheme was to A
provide functional literacy to illiterates, in the age group of I5 to 35, as
also, to impart learning through special contract courses, to students in
the age group of 6 to I 5, comprising of dropouts from schools. The
petitioners were appointed as Supervisors. They were paid remuneration
at the rate ofRs.5,000/- per month, as fixed salary. Prior to 7.3.1984,
B
they were paid fixed salary and allowance, at the rate of Rs.60/- per
month. Thereafter, the fixed salary was enhanced to Rs.150/- per month.
The reason for allowing them fixed salary was, that they were required
to work, only on part-time basis. The case set up by the State Government
was, that the petitioners were not full-time employees; their mode of
recruitment was different from Supervisors engaged on regular basis; c
the nature of functions discharged by them, was not similar to those
discharged by Supervisors engaged in the regular cadre; and their
appointments were made for a period of six months, because the posts
against which they were appointed, were sanctioned for one year at a
time.
D
(ii) Having examined the controversy, this Court rejected all the
above submissions advanced on behalf of the State Government. It was
held, that the duties discharged by the petitioners even though for a
shorter duration, were not any different from Supervisors, engaged in
the regular cadre. Even though recruitment of Supervisors in the regular
cadre was made by the Subordinate Selection Board by way of an open E
selection, whereas the petitioners were selected through a process of
consideration which was limited to a cluster of a few villages, it was
concluded that, that could not justify the denial to the petitioners, wages
which were being paid to Supervisors, working in the regular cadre. It
was held, that so long as the petitioners were doing work, which was F
similar to the work of Supervisors engaged in the regular cadre, they
could not be denied parity in their wages. Accordingly it was held, that
from the standpoint of the doctrine of 'equal pay for equal work', the
petitioners could not be discriminated against, in regard to pay-scales.
Having concluded that the petitioners possess the essential qualification
for appointmentto the post of Supervisor, and further the duties discharged G
by them were similar to those appointed on regular basis, it was held,
that the petitioners could not be denied wages payable to regular
employees. This Court also declined the plea canvassed on behalf of
the Government, that they were engaged in a temporary scheme against
H
404 SUPREME COURT REPORTS [2016] 7 S.C.R.
A posts which were sanctioned on year to year basis. On the instant
aspect of the matter, it was held, that the same had no bearing to the
principle of 'equal pay for equal work'. It was held, that the only relevant
consideration was, whether the nature of duties and functions discharged
and the work done was similar. While concluding, this Court clarified
that in the instant case, it was dealing with temporary employees engaged
8
by the same employer, doing work of the same nature, as was being
required of those engaged in the regular cadre, on a regular basis. It
was held, that the petitioners, who were engaged on temporary basis as
Supervisors, were entitled to be paid on the same basis, and in the same
pay-scale, at which those employed in the regular cadre discharging
c similar duties as Supervisors, were being paid.
29. Daily Rated Casual Labour Employed under P&T Department
through Bhartiya Oak Tar Mazdoor Mancl1 v. Union oflndia~~. decided
by a two-Judge bench: The persons on whose behalf the Mazdoor Manch
had approached this Court under Article 32 of the Constitution oflndia,
D were working as daily-rated casual labourers, in the Posts and Telegraphs
Department. They included three broad categories of workers, namely,
unskilled, semi-skilled and skilled. The unskilled labour consisted ofSafai
Workers, Helpers, Peons, and the like. The unskilled labour was engaged
in digging, carrying loads and other similar types of work. The semi-
skilled labour consisted of Carpenters, Wiremen, Draftsmen, A.C.
E Mechanics etc. They needed to have technical experience, but were
not required to possess any degree or diploma qualification. The skilled
labour consisted oflabourers doing technical work. The skilled labourers
were required to possess technical d<:gree/diploma qualification.
(ii) All the three categories of employees, referred to above, were
F engaged as casual labourers. They were being paid very low wages.
Their wages were far less than the salary and allowances paid to regular
employees, of the Posts and Telegraphs Department, engaged for the
same nature of work. The Director General, Posts and Telegraphs
Department, by an order dated 15.5.1980 prescribed the following wages
G for casual labourers in the Department:-
"(i) Casual labour who has not completed 720 days of
·i service in a period of three years at the rate of 240 days
per annum wit\1 the Department as on April I, 1980.
H
"< 198&) 1 sec 122
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 405
[JAGDISH SINGH KHEHAR, J.]
No change. They will continue to be paid at the approved A
local rates.
(ii) Casual labour who having been working with the
Department from April l, 1977 or earlier and have
completed 72<1 days of service as on April 1, 1980.
Daily wages equal to 75 per cent of I/30th of the minimum B
of Group D Time Scale plus admissible DA. ·
(iii) Casual labour who has been working in the Department
from April I, 1975 or earlier and has completed 1200 days
of service as on April I, 1980.
c
Daily wages equal to I/30th of the minimum of the Group D
Time Scale plus I/30th of the admissible DA.
(iv) All the casual labourers will, however, continue to be
employed on daily wages only.
(v) These orders for enhanced rates for category (ii) and D
(iii) above will take effect from May I, 1980.
(vi) A review will be carried out every year as on the first
ofApril for making officials eligible for wages indicated in
paras (ii) and (iii) above.
(vii) The above arrangement of enhanced rates of daily E.
wages will be without prejudice to absorption of casual
mazdoors against regular vacancies as and when they
occur .... "
Four years later, by an order dated 26.7.1984, the rate of wages
payable to casual labourers in Posts and Telegraphs Department, was F
revised as under:·
"(i) Casual semi-skilled/skilled labour who has not completed
720 days of service over a period of three years or more
with the department.
G
No change. They will continue to be paid at the approved
local rates. ·
(ii) Casual semi-skilled/skilled labour who has completed
720 days of service over a period of three years or more.
H
406 SUPREME COURT REPORTS [2016] 7 S.C.R.
A Daily wage equal to 75 per cent of l/30•h of the minimum
of the scale of semi-skilled (Rs.210-270) or skilled (Rs.260-
350) as the case may be, plus admissible DA/ADA thereon.
(iii) Casual labour who has completed 1200 days of service
over a period of 5 years or more.
B Daily wage equal to 1/30'h of the minimum of the pay scale
of semi-skilled (Rs.210-270) skilled (Rs.260-350) as the
case may be, plus DA/ADA admissible thereon.
(iv) All the casual semi-skilled/skilled labour will, however
continue to be employed on daily wages only.
c
(v) These orders for enhanced rates for category (ii) and
(iii)abovewilltakeetfectfromApril I, 1984.
(vi) A review for making further officials eligible for wages
vide (ii) and (iii) above will take effect as on first of April
D every year.
(vii) If the rates calculated vide (ii) and (iii) above happen
to be less than the approved local rates, payment shall be
made as per approved local rates for above categories of
labour.
E (viii) The above arrangements of enhanced rates of daily
wages will be without prejudice to absorption of casual semi-
skilled/skilled labour against regular vacancies as and when
they occur ..... "
(iii) Aggrieved by the discrimination made against them, through
F the aforementioned orders dated I5.5.1980 and 26. 7.1984, the Mazdoor
Manch submitted a statement of demands, inter alia, claiming the same
salary an<lallowances and other benefits, as were being paid to regular
and permanent employees of the Union of India, in the corresponding
· cadres. The aforesaid demands were departmentally rejected on
13 .12.1985. h is, therefore, that the petitioners approached this Court
G for the redressal of their grievances.
(iv) Before this Court the Union of India contended, that the
einployees in question belonged to the category of casual labourers, and
had not been regularly employed. As such, it was urged that they were
not entitled to the same privileges, which were extended to regular
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 407
[JAGDISH SINGH KHEHAR, J.]
employees. A
(v) This Court while adjudicating upon the controversy, took into
consideration the fact that, the employees in question were rendering
the same kind of service which was being rendered by regular employees.
The submission advanced before this Court, on behalf of the casual
labourers, was under Article 38(2) of the Constitution, which provides 8
that "The State shall, in particular, strive to minimize the inequalities in
income, and endeavour to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also amongst groups of
people residing in different areas or engaged in different vocations." It
was also urged on behalf of the employees, that the State could not deny
(at least) the minimum pay in the pay-scales of regularly employed c
workmen, even though the Government may not be compelled to extend
all the benefits enjoyed by regularly recruited employees.
(vi) While adjudicating upon the controversy, this Court expressed
the view, that the denial of wages claimed by the workers in question,
amounted to exploitation of labour. It was held, that the Government D
cannot take advantage of its dominant position, and compel any worker
to work even as a casual labourer on starvation wages. It was pointed
out, that a casual labourer who had agreed to work on such low wages,
had done so, because he had no other choice. In the opinion of this
Court, it was poverty, that had driven the workers to accept such low E
wages. In the above view of the matter, in the facts and circumstances
of the case, this Court held that classification of employees into regularly
recruited employees and casual employees for the purpose of paying
less than the minimum wage payable to employees in the corresponding
regular cadres, particularly in the lowest rung in the department, where
the pay-scales were the least, was not tenable. This Court also held that F
the classification oflabourers into three categories (depicted in the orders
dated 15.5.1980 and 26.7.1984, extracted above) for the purpose of
payment of wages at different rates, was not tenable. It was held, that
such a classification was violative ofArticles 14 and 16 of the Constitution,
besides being opposed to the spirit of Article 7 of the International G
Covenant on Economic, Social and Cultural Rights, 1966, which exhorts
all State parties to ensure fair wages am;! equal wages for equal work.
Accordingly, this Court directed the Union of India, and the other
respondents, to pay wages to the workmen, who were engaged as casual
labourers, belonging to different categories, at rates equivalent to the
H
408 SUPREME COURT REPORTS [2016] 7 S.C.R.
A minimum pay, in the pay-scales of regularly employed workers, in the
corresponding cadres, but without any increments. The workers were
also held to be entitled to corresponding dearness allowance and additional
dearness allowance, if any, payable thereon, It was also directed, that
whatever other benefits were being extended to casual labourers hitherto
before, would be continued.
B
30. Harbans Lal v. State of Himachal Pradesh 23 , decided by a
two-Judge bench: The petitioners in this case were Carpenters (I" and
2"d grade), employed at the Wood Working Centre of the Himachal
Pradesh State Handicraft Corporation. They were termed as daily-
rated employees. Their claim in their petition was for emoluments in
c terms of wages paid to their counterparts in regular Government service,
under the principle of 'equal pay for equal work'. On the factual matrix,
based on the averments made in the pleadings, this Court felt thatlhe
Corporation with which the petitioners were employed, had no regularly
employed Carpenter. It is, therefore evident, that the claim of the
D petitioners was only with reference to Carpenters engaged in different
Government services. In the instant factual backdrop, this Court
expressed the view, that the claim made by the petitioners could not be
accepted, because the discrimination complained of, must be within.the
same establishment, owned by the same management. It was
emphasized, that a comparison under the principle of 'equal pay for
E equal work' could not be made with counterparts in other establishments,
having a different management, or even with establishments in different
geographical locations, though owned by the same master. It was held,
that unless it was shown, that there was discrimination amongst the
same set of employees under the same master, in the same establishment,
F the principle of'equal pay for equal work' would not be applicable. It is,
therefore, that the claim of the petitioners was rejected.
31. Grih Kalyan Kendra Workers' Union v. Union oflndia~. decided
by a two-Judge bench: The workers' union had approached this Court,
for the first time, in 1984, by filing writ petition no. 13924ofl 984. In the
G above petition, the relief claimed was for payment of wages under the
principle of 'equal pay for equal work'. The petitioners sought parity
with employees of the New Delhi Municipal Committ!)e, and also, with ·
employees of other departments of the Delhi Administration, and the
Union oflndia. They approached this Court again by filing civil writ
H "(1989)4 sec 459
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 409
[JAGDISH SINGH KHEHAR, J.]
petition no. 869of1988, which was disposed of by the above cited case. A
(ii) The petitioners were employees ofGrih Kalyan Kendras. They
desired the Union of India, to pay them wages in the regular pay-scales,
at par with other employees performing similar work, under the New
Delhi Municipal Committee, or the Delhi Administration, or the Union of
India. It would be relevant to mention, that the petitioner- Workers' B
Union, was representing employees working on ad-hoc basis. Some of·
them were being paid a fixed salary (described as honorarium), while
others were working on piece-rate wages at the production centres,
without there being any provision for any scale of pay, or other benefits
like gratuity, pension,'provident fund etc.
c
(iii) This Court, in the first instance, endeavoured to deal with the
question, whether employers of these workers, were denying them wages
as were being paid to other similarly placed employees, doing the same
or similar work. The question came to be examined on account of the
fact, that unless the petitioners could demonstrate, that the employees of
the Grih Kalyan Kendras were being discriminated against, on the subject D
of pay and other emoluments, with other similarly placed employees, the
principle of'equal pay for equal work' would not be applicable. During
the course of the first adjudication, in writ petition no. 13924of1984, this
Court requested a former Chief Justice of India to make
recommendations after taking into consideration, firstly, whether other E
similarly situated employees (engaged in similar comparable works, putting
in comparable hours of work, in a comparable employment) were being
paid higher pay, and if so, what should be the entitlement of the agitating
employees, in order to comply with the principle of 'equal pay for equal
work'; and secondly, ifthere is no other similar comparable employment,
whether the remuneration of the agitating employees deserved to be F
revised, on the ground that their remuneration was unconscionable or
unfair, and if so, to what extent. Pursuant to the above request, the
former Chief Justice oflndia, concluded, that there was no employment
comparable to the employment held by those engaged by the Grih Kalyan
Kendras, and therefore, they could not seek parity with employees, G
working either under the New Delhi Municipal Committee, or the Delhi
Administration, or the Union oflndia.
(iv) Based on the aforesaid factual conclusion, this Court held,
that the concept of equality implies and requires equal treatment, for
those who are situated equally. Comparison between unequals is not H
410 SUPREME COURT REPORTS [20 I6] 7 S.C.R.
A possible. Since the workers who had approached this Court had failed
to establish, that they were situated similarly as others, they could not be
extended benefits which were being given to those, with whom they
claimed parity. And therefore, since there were no other employees
comparable to the employees working in the Grih Kalyan Kendras, this
Court declined to entertain the prayer made by the petitioners.
B
32. Ghaziabad Development Authority v. Vikram Chaudhai:y~4•
decided by a two-Judge bench: The respondents in this case were
engaged by the Ghaziabad Development Authority, on daily-wage basis.
The instant judgment has been referred to only because it was cited by
the learned counsel for the appellants. In the cited case, the claim raised
c by the respondents was not based on the principle of 'equal pay for
equal work', yet it would be relevant to mention, that while disposing of
the appeal preferred by the Ghaziabad Development Authority, this Court
held that the respondents, who were engaged as temporary daily-wage
employees, would not be entitled to pay at par with regular employees,
D but would be entitled to pay in the minimum wages prescribed under the
statute, if any, or the prevailing wages as available in the locality. It
would, therefore, be improper for us to treat this judgment as laying
down any principle emerging from the concept of 'equal pay for equal
work'.
E 33. State ofHai:yana v. Jasmer Singh~5 • decided by a two-Judge
bench: The respondents were employed as Mali-cum-Chowkidars/Pump
Operators on daily-wage basis, under the employment of the Government
of Haryana. They had approached the High Court claiming the same
salary as was being paid to the regularly employed persons, holding similar
posts in the State of Haryana. The instant prayer was made by the
F respondents, under the principle of 'equal pay for equal work'. The
above prayer made by the respondents, was granted by the High Court.
The High Court issued a direction to the State Government, to pay the
respondents, the same salary and allowances as were being paid to
regular employees holding similar posts, with effect from the dates on
G which the respondents were engaged by the State Government.
(ii) This Court held, that the respondents who were employed on
daily-wage basis, could not be treated at par with persons employed on
regular basis, against similar posts. It was concluded, that daily-rated
"< 1995) s sec 210
H "<1996)11SCC77
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 411
[JAGDISH SINGH KHEHAR, J.]
workers were not required to possess the qualifications required for A
regular workers, nor did they have to fulfill the postulated requirement
of age, at the time of recruitment. Daily-rated workers, it was felt, were
not selected in the same manner as regular employees, inasmuch as,
their selection was not as rigorous as that of employees selected on
regular basis. This Court expressed the view, that there were also other
8
provisions relating to regular servic.e, such as the liability ofa member of .
the service to be transferred, and his being subjected to disciplinary
jurisdiction. It was pointed out, that daily-rated employees were not
subjected to either of the aforesaid contingencies/consequences. In view
of the aforesaid consideration, this Court held that the respondents, who
were employed on daily-wage basis, could not be equated with regular c
employees for purposes of their wages, nor were they entitled to obtain
the minimum of the regular pay-scale extended to regular employees.
This Court, however held, that if a minimum wage was prescribed for
such workers, the respondents would be entitled to it, if it was higher
than the emoluments which were being paid to them.
D
(iii) It would be relevant to mention that in the above decision this
Court took notice of the fact, that the State ofHaryana had taken policy
decisions from time to time to regularize the services of the employees,
similarly placed as the respondents, wherein daily-wage employees on
completion of 3/5 years' service, were entitled to regularization. On
their being regularized, they were entitled to wages payable to regular E
employees.
34. State of Punjab v. Devinder Singh~. decided by a two-Judge
bench: The respondents were daily-wage Ledger-Keepers/Ledger
Clerks engaged by the State of Punjab. They approached the Punjab &
Haryana High Court, claiming salary and allowances, as were being F
paid to regular employees holding similar posts. The High Court held in
their favour, and directed the State Government to pay to the respondents,
salary and allowances, as were being paid to regular employees holding
similar posts. The aforesaid decision was rendered because the High
Court accepted their contention, that they were doing the same work as G
was taken from regular Ledger-Keepers/Ledger Clerks. Their prayer
was accordingly accepted, under the principle of 'equal pay for equal
work'.
(ii) This Court was of the view that the principle of 'equal pay for
---
"" <1998) 9 sec 595 H
412 SUPREME COURT REPORTS [2016] 7 S.C.R.
A equal work' could enure to the benefit of the respondents to the limited
extent, that they could have been paid the minimum of the pay-scale of
Ledger-Keepers/Ledger Clerks, appointed on regular basis. This
conclusion was drawn by applying the principle of'equal pay for equal
work'. This Court, therefore, allowed the prayer made by the State
Government to the aforesaid limited extent. The right claimed by the
B
respondents, to be paid in the same time scale, as regularly employed
Ledger-Keepers/Ledger Clerks were being paid, was declined.
35. State ofHaryana v. Tilak RaF7• decided by a two-Judge bench:
Thirty five respondents were appointed at different points of time, as
Helpers on daily-wages by the Haryana Roadways. They filed a writ
c petition before the Punjab and Haryana High Court, claiming regularization
because they had rendered long years of service. They also claimed
salary, as was payable to regular employees, engaged for the same nature
of work, as was being performed by them. Even though, the High Court
did not accept the prayer made by the respondents, either for
D regularization or for payment of wages at par with regular employees, it
directed the State of Haryana to pay to the respondents, the minimum
pay in the scale of pay applicable to regular employees. The State of
Haryana being aggrieved by the order passed by the High Court,
approached this Court.
E (ii) While disposing of the appeal preferred by the State ofHaryana,
this Court accepted the contention advanced on its behalf, that a scale
of pay is attached to a definite post. This Court also accepted, that a
daily-wager holds no post. In view of the above factual/legal position,
this Court arrived at the conclusion, that the prayer made by the
respondents before the High Court, that they be granted emoluments in
F the pay-scale of the regular employees, could not be acceded to. Since
no material was placed before the High Court, comparing the nature of
duties of either category, it was held, that it was not possible to hold that
the principle of 'equal pay for equal work' could be invoked by the
respondents, to claim wages in the regular pay-scale.
G (iii) Despite having found that the respondents were not eligible to
claim wages in the regular scale of pay, on account of the fact that they
were engaged on daily-wage basis, this Court directed the State of
Haryana to pay to the respondents, the minimum wages as prescribed
for such workers.
H 21
(2003) 6 sec 123
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 413
[JAGDISH SINGH KHEHAR, J.]
36. Secretary, State of Karnataka v. UmadevF8 , decided by a A
five-Judge Constitution Bench: Needless to mention, that the main
proposition canvassed in the instant judgment, pertained to regularization
of government servants, based on the employees having rendered long
years of service, as temporary, contractual, casual, daily-wage or on ad-
hoc basis. It is, however relevant to mention, that the Constitution Bench
8
did examine the question of wages, which such employees were entitled
to draw. In paragraph 8 of the judgment, a reference was made to civil
appeal nos. 3595-612of1999, wherein, the respondent-employees were
temporarily engaged on daily-wages in the Commercial Taxes
Department. As they had rendered service for more than I 0 years, they
claimed permanent employment in the department. They also claimed c
benefits as were extended to regular employees of their cadre, including
wages (equal to their salary and allowances) with effect from the dates
from which they were appointed. Even though the administrative tribunal
had rejected their claim, by returning a finding, that they had not made
out a case for payment of wages, equal to those engaged on regular
D
basis, the High Court held that they were entitled to wages, equal to the
salary of regular employees of their cadre, with effect from the date
from which they were appointed. The direction issued by the High
Court resulted in payment of higher wages retrospectively, for a period
of I 0 and more years. It would also be relevant to mention, that in
passing the above direction, the High Court had relied on the decision E
rendered by a three-Judge bench of this Court in Dharwad District PWD
Literate Daily-Wage Employees Association v. State of Karnataka~•.
The Constitution Bench, having noticed the contentions of the rival parties,
on the subject of wages payable to daily-wagers, recorded its conclusions
as under:-
F
"55. In cases relating to service in the commercial taxes
department, the High Court has directed that those engaged
on daily wages, be paid wages equal to the salary and
allowances that are being paid to the regular employees of
their cadre in government service, witl1 effect from the dates
from which they were respectively appointed. The objection G
taken was to the direction for payment from the dates of
engagement. We find that the High Court had clearly gone
wrong in directing that these employees be paid salary equal
-----
" (2006> 4 sec 1
"< t990J 2 sec 396 H
414 SUPREME COURT REPORTS [2016] 7 S.C.R.
A to the salary and allowances that are being paid to the regular
employees of their cadre in government service, with effect
from the dates from which they were respectively engaged
or appointed. !D.Y!!ll10t open to the High Court to impose
such an obligation on the State when the very question
before the High Court in the case was whether these
B
employees were entitled to have equal pay for equal work
so called and were entitled to any other benefit. They had
also been engaged in the teeth of directions not to do so.
We are, therefore, of the view that, at best. the Division
Bench of the High Court should have directed that wages
c equal to the salary that is being paid to regular employees
be paid to these daily-wage employees with effect from
the date ofits judgment. Hence, that part of the direction of
the Division Bench is modified and it is directed that these
daily-wage earners be paid wages equal to the salary at
the lowest grade of employees of their cadre in the
D
Commercial Taxes Department in government service, from
. the date of the judgment of the Division Bench of the High
Court. Since, they are only daily-wage earners, there would
be no question of other allowances being paid to them. In
view of our conclusion, that Courts are not expected to
E issue directions for making such persons permanent in
service, we set aside that part of the direction of the Hjgh
Court directing the Government to consider their cases for
regularization. We also notice that the High Court has not
adve11ed to the aspect as to whether it was regularization
or it was giving permanency that was being directed by the
F
High Court. In such a situation, the direction in that regard
will stand deleted and the appeals filed by the State would
stand allowed to that extent. If sanctioned posts are vacant
(they are said to be vacant) the State will take immediate
steps for filling those posts by a regular process of selection.
G But when regular recruitment is undertaken, the respondents
in C.A. Nos. 3595-3612 and those in the Commercial Taxes
Department similarly situated, will be allowed to compete,
waiving the age restriction imposed for the recruitment and
giving some weightage for their having been engaged for
work in the Department for a significant period of time.
H J.
STATE OF PUNJAB & ORS. v. JAGHT SINGH & ORS. 415
(JAGDISH SINGH KHEHAR, J.]
That would be the extent of the exercise of power by this A
Court under Article 142 of the Constitution to do justice to
them."
We have extracted the aforesaid paragraph, so as not to make
any inference on our own, but to project the determination rendered by
the Con$titution Bench, as was expressed by the Bench. We have no B
hesitation in concluding, that the Constitution Bench consciously
distinguished the issue of pay parity, from the issue of absorption/
regularization in service. It was held, that on the issue of pay parity, the
High Court ought to have directed, that the daily-wage workers be paid
wages equal to the salary at the lowest grade of their cadre. The
Constitution Bench expressed the view, that the concept of equality would c
not be applicable to the issue of absorption/regularization in service. And
conversely, on the subject of pay parity, it was unambiguously held, that
daily-wage earners should be paid wages equal to the salary at the lowest
grade (without any allowances).
37. State of Haryana v. Charanj it Singh30, decided by a three- D
Judge bench: A large number of civil appeals were collectively disposed
of by a common order. In all these appeals, the respondents were daily-
wagers, who were appointed as Ledger Clerks, Ledger Keepers, Pump
Operators, Mali-cum-Chowkidar, Fitters, Petrol Men, Surveyors, etc.
All of them claimed the minimum wages payable under the pay-scale
extended to regular Class-IV employees. The above relief was claimed E
with effect from the date of their initial appointment. It would be relevant
to mention, that while the appeals disposed of by the common order
were pending before this Court, all the respondents were regularized.
From the date of their regularization, they were in any case, being paid
salary in the scales applicable to regular Class-IV employees~ The limited F
question which came up for adjudication before this Court in the matters
was, whether the directions issued by the High Court to pay the minimum
wage in the scale payable to Class-IV employees to the respondents,
from the date of their filing the respective petition before the High Court,
was required to be interfered with. While adjudicating upon the aforesaid
issue, this Court made the following observations:- a
" 19. Having considered the authorities and the submissions
we are of the view that the authorities in the cases of State
of Haryana v. Jasmer Singh, (1996) 11 SCC 77, State of
Haryana v. Tilak Raj, (2003) 6 SCC 123, Orissa University
"' (2006) 9 sec 321 H
416 SUPREME COURT REPORTS [2016] 7 S.C.R.
A ofAgriculture & Technology v. Manoj K. Mohanty, (2003)
5 SCC 188, Govt. ofW.B. v. Tarun K. Roy, (2004) I SCC
347, lay down the correct law. Undoubtedly, the doctrine of
"equal pay for equal work" is not an abstract doctrine and
is capable of being enforced in a Court of law. But equal
pay must be for equal work of equal value. The principle of
B
"equal pay for equal work" has no mechanical application
in every case. Article 14 permits reasonable classification
based on qualities or characteristics of persons recruited
and grouped together, as against those who were left out.
Of course, the qualities or characteristics must have a
c reasonable relation to the object sought to be achieved. In
service matters, merit or experience can be a proper basis
for classification for the purposes of pay in order to promote
efficiency in administration. A higher pay scale to avoid
stagnation or resultant frustration for lack of promotional
avenues is also an acceptable reason for pay differentiation.
D
The very fact that the person has not gone through the
process of recruitment may itself, in certain cases, make a
difference. If the educational qualifications arc different,
then also the doctrine may have no application. Even though
persons may do the same work, their quality of work may
E differ. Where persons are selected by a Selection
Committee on the basis of merit with due regard to seniority
a higher pay scale granted to such persons who are
evaluated by the competent authority cannot be challenged.
A classification based on difference in educational
qualifications justifies a difference in pay scales. A mere
F
nomenclature designating a person as say a carpenter or a
craftsman is not enough to come to the conclusion that he
is doing the same work as another carpenter or craftsman
in regular service. The quality of work which is produced
may ·be different and even the nature of work assigned
G may be different. It is not just a comparison of physical
activity. The application of the principle of"equal pay for
equal work" requires consideration of various dimensions
of a given job. The accuracy required and the dexterity
that the job may entail may differ from job to job. lt cannot
be judged by the mere volume of work. There may be
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & QRS. 417
[JAGDISI:I SINGH KHEHAR, J.]
qualitative difference as regards reliability and responsibility. A
Functions may be the same but the responsibilities make a ,
difference. Thus normally the applicability of this principle
must be left to be evaluated and determined by an expert
body. These are not matters where a writ court can l\ghtly
interfere. Normally a party claiming equal pay for equal
8
work should be required to raise a dispute in this regards.
In any event the party who claims equal pay for equal work
has to make necessary averments and prove that all things
are equal. Thus, before any direction can be issued by a
Court, the Court must first see that there are necessary
averments and there is a proof. If the High Court, is on c
basis of material placed before it. convinced that there was
equal work of equal quality and all other relevant factors
are fulfilled it may direct payment of equal pay from the
date of the filing of the respective Writ Petition. In all these '
cases, we find that the High Court has blindly proceeded
D
on the basis that the doctrine of equal pay for equal work
applies without examining any relevant factors."
Having made the above observations, the judgments rendered by
the High Court were set aside, and the matters were remanded back to
the High Court, to examine each case in order to determine whether the
respondents were discharging the same duties and responsibilities, as E
the employees with whom they claimed parity. In sum and substance
therefore, this Court acceded to the proposition that daily-wagers who
were rendering the same duties and responsibilities as regular employees,
would be entitled to the minimum wage in the pay-scale payable to regular
employees. It is only because the said factual determination had not F
been rendered by the High Court, the matter was remanded back, for a
fresh adjudication on the above limited issue.
38. State of U.P. v. Putti LaP 1, decided by a three-Judge bench:
The question which arose for adjudication was, Whether the respondents
who were daily-rated wage earners in the Forest Department, were G-
entitled to regularization, and should be paid the minimum of the pay-
scale as was payable to a regular worker, holding a corresponding post
in the Government. On the above issue, this Court in the above judgment,
recorded the following conclusion:-
" 12006) 9 sec 337
H
418 SUPREME COURT REPORTS [2016] 7 S.C.R.
A "5. In several cases this Court applying the principle of equal
pay for equal work has held that a daily-wager, if he is
discharging the similar duties as those in the regular
employment of the Government, should at least be entitled
to receive the minimum of the pay scale though he might
not be entitled to any increment or any other allowance
B
that is pennissible to his counterpa11 in the Government. In
our opinion that would be the correct position and we,
therefore, direct that these daily-wagers would be entitled
to draw at the minimum of the pay scale being received by
their counterpai1s in the Government and would not be
c e1~titled to any other allowances or increment so long as
they continue as daily-wagers. The question of their regular
absorption will obviously be dealt with in accordance with
the statutory rules already referred to."
It is therefore apparent, that in the instant judgment, the three-
D Judge bench extended the benefit of the principle of'equal pay for equal
work' to persons engaged on daily-wage basis ..
39. State of Punjab v. Surjit Singh;', decided by a two-Judge bench:
The respondents in the above mentioned matter, were appointed in
different posts in the Public Health Department of the State of Punjab.
E All of them were admittedly appointed on daily-wage basis. Inter alia,
because the respondent-employees had put in a number of years of
service, they were held by the High Court to be entitled to the benefit of
the principle of 'equal pay for equal work'. In the challenge raised
before this Court, it was concluded as under:-
F "36. With utmost respect, the principle, as indicated
hereinbefore, has undergone a sea change. We are bound
by the decisions of larger Benches. This Court had been
insisting on strict pleadings and proof of various factors as
indicated hereto before. Furthennore, the burden of proof
even in that case had wrongly been placed on the State
G which in fact lay on the writ petitioners claiming similar
penefits. The factual matrix obtaining in the said case
particularly similar qualification, interchangeability of the
positions within the regular employees and the casual
employees and other relevant factors which have been
----
H " (2009) 9secs14
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 419
[JAGDISH SINGH KHEHAR, J.]
noticed by us also had some role to play." A
Rather than determining whether or not the respondents were
entitled to any benefit under the principle of 'equal pay for equal work',
on account of their satisfying the conditions stipulated by this Court in
different judgments including the one in State of Haryana v. Charanjit
Singh30 , this Court while disposing of the above matter, required the B
State to examine the cases of the respondents by appointing an expert
committee, which would determine whether or not the parameters laid
down in the judgments rendered by this Court, would entitle the
respondent-employees to any benefit under the principle of 'equal pay
for equal work'. Herein again, the principle in question, was considered
as applicable to temporary employees. c
40. Uttar Pradesh Land Development Corporation v. Mohd.
Khursheed Anwar'3, decided by a two-Judge bench: In the instant case,
the respondents were employed on contract basis, on a consolidated
monthly salary of Rs.2000/-. Prior to their appointment, they were
interviewed by a selection committee alongwith other eligible candidates, D
and were found to be suitable for the job. Their contractual appointment
was continued from time to time. Though they were employed on contract
basis, the fact that two posts of Assistant Engineer and one post of
Junior Engineer were vacant at the time of their engagement, was not
disputed. The respondents were not given any specific designation. E
The Allahabad High Court, while accepting the claim filed by the
respondents, held that they were entitled to wages in the regular pay-
scale of Rs.2200-4000, prescribed for the post of Assistant Engineer.
(ii) This Court, while adjudicating upon the controversy arrived at
the conclusion, that the High Court had granted relief to the respondents F
on the assumption that two vacant posts of Assistant Engineer were
utilized for appointing the respondents. The above impression was found
to be ex-facie fallacious, by this Court. This Court was of the view, that
the orders of appoint;nent issued to the respondents, did not lead to the
inference, that they were appointed against the two vacant posts of
Assistant Engineer. Despite the above, this Court held, that the decision G
of the appellant Corporation to effect economy by depriving the
respondents even, the minimum of pay-scale, was totally arbitrary and
unjustified. This Court expressed the view, that the very fact that the
respondents were engaged on a consolidated salary of Rs.2000 per
" (201 O) 1 sec 739 H
420 SUPREME COURT REPORTS (2016) 7 S.C.R.
A month, while the prescribed pay-scale of the post of Assistant Engineer
in the other branches was Rs.2200-4000, and that of Junior Engineer
was Rs.1600-2660, was sufficient to infer, that both the respondents
were engaged to work against the posts of Assistant Engineer. The
appellants were directed to pay emoluments to the respondents, at the
minimum of the pay-scale, prescribed for the post of Assistant Engineer
B
(as revised from time to time), from the date of their appointment, till
they continued in the employment of the Corporation.
41. Surendra Nath Pandey v. Uttar Pradesh Cooperative Bank
Ltd. 3\ decided by a two-Judg_e bensll: The appellants in the above
mentioned case, were appointed during 1978 to 1981 on daily-wage basis,
c by the U.P. Cooperative Bank Ltd. Upto 30.6.1981, they were paid
daily-wages. From 1.7.1981, they were paid consolidated salary ofRs.368
per month, which was increased to Rs.575 per month with effect from
1.4.1982. From I. 7.1983, they were extended the benefit of minimum in
the pay-scale applicable to regular employees, with allowances, but
D without yearly increments. Based on regulations framed for regularization
of ad-hoc appointees in 1985, the appellants were regularized from
different dates in 1985-86, whereafter, they were paid wages in the
regular pay-scale, with all allowances. In 1990, they approached the
Allahabad High Court, seeking benefit of regular pay-scale, allowances
and other benefits, which were extended to regular employees, with
E effect from the date of their original appointment. Their claim was
rejected by the High Court. While adjudicating upon the appeal preferred
by the appellants, this Court held as undcr:-
"9. We are of the view that the real issue is whether persons
employed on stopgap or ad hoc basis were entitled to the
F benefit of pay scales with increments during the period of
service on daily or stopgap or ad hoc basis. Unless the
appellants are able to establish that either under the contract,
or applicable rules. or settled princi11les of service
jurisprudence, they are entitled to the benefit of pay scale
with increments during the period of their stopgap/ad hoc
G
service, it cannot be said that the appellants have the right
to claim the benefit of pay scales with increments."
The Consideration
42. All the judgments noticed in paragraphs 7 to 24 hereinabove,
----
H "(20IOJ 12 sec 400
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 421
[JAGDISH SINGH KHEHAR, J.]
pertain to employees engaged on regular basis, who were claiming higher A
wages, under the principle of 'equal pay for equal work'. The claim
raised by such employees was premised on the ground, that the duties
and responsibilities rendered by them, were against the same post for
which a higher pay-scale was being allowed, in other Government
departments. Or alternatively, their duties and responsibilities were the
B
same, as of other posts with different designations, but they were placed
in a lower scale. Having been painstakingly taken through the parameters
laid down by this Court, wherein the principle of 'equal pay for equal
work' was invoked and considered, it would be just and appropriate, to
delineate the parameters laid down by this Court. In recording the said
parameters, we have also adverted to some other judgments pertaining c
to temporary employees (also dealt with, in the instant judgment), wherein
also, this Court had the occasion to express the legal position with reference
to the principle of 'equal pay for equal work'. Our consideration, has
led us to the following deductions:-
(i) The 'onus of proof, of parity in the duties and responsibilities D
of the subject post with the reference post, under the principle of'equal
pay for equal work', lies on the person who claims it. He who approaches
the Court has to establish, that the subject post occupied by him, requires
him to discharge equal work of equal value, as the reference post (see-
the Orissa University ofAgriculture & Technology case 10, Union Territory
Administration, Chandigarh v. Manju Mathur';, the Steel Authority of E
India Limited case 16, and the National Aluminum Company Limited
case 18 ).
(ii) The mere fact that the subject post occupied by the claimant,
is in a "different department" vis-a-vis the reference post, does not have
any bearing on the determination of a claim, under the principle of'cqual F
pay for equal work'. Persons discharging identical duties, cannot be
treated differently, in the matter of their pay, merely because they belong
to different departments of Government (see-the Randhir Singh case',
and the D.S. Nakara case~).
(iii) The principle of'cqual pay for equal work', applies to cases G
of unequal scales of pay, based on no classification or irrational
classification (sec - the Randhir Singh case'). For equal pay, the
concerned employees with whom equation is sought, should be performing
work, which besides being functionally equal, should be of the same
quality and sensitivity (see - the Federation of All India Customs and H
422 SUPREME COURT REPORTS (2016] 7 S.C.R.
A Central Excise Stenographers (Recognized) case', the Mewa Ram
Kanojia case 5, the Grih Kalyan Kendra Workers' Union case 6 and the
1
S.C. Chandra case ~).
(i,v) Persons holding the same rank/designation (in different
departments), but having dissimilar powers, duties and responsibilities,
B can be placed in different scales of pay, and cannot claim the benefit of
the principle of 'equal pay for equal work' (see - the Randhir Singh
case 1, State of Haryana v. Haryana Civil Secretariat Personal Staff
Association9 , and the Hukum Chand Gupta case 17 ). Therefore, the
principle would not be automatically invoked, merely because the subject
and reference posts have the same nomenclature.
c
(v) In determining equality offunctions and responsibilities, under
the principle of 'equal pay for equal work', it is necessary to keep in
mind, that the duties of the two posts should be of equal sensitivity, and
also, qualitatively similar. Differentiation of pay-scales for posts with
difference in degree ofresponsibility, reliability and confidentiality, would
D fall within the realm of valid classification, and therefore, pay
differentiation would be legitimate and permissible (see-the Federation
of All India Customs and Central Excise Stenographers (Recognized)
case, and the State Bank of India case 8). The nature of work of the
subject post should be the same and not less onerous than the reference
E post. Even the volume of work should be the same. And so also, the
level of responsibility. If these parameters are not met, parity cannot be
claimed under the principle of'equal pay for equal work' (see - State of
U.P. v. J.P. Chaurasia4, and the Grih Kalyan Kendra Workers' Union
case").
F (vi) For placement in a regular pay-scale, the claimant has to be a
regular appointee. The claimant should have been selected, on the basis
of a regular process of recruitment. An employee appointed on a
temporary basis, cannot claim to be placed in the regular pay-scale (see
- the Orissa University of Agriculture & Technology case 10).
(vii) Persons performing the same or similar functions, duties and
G
responsibilities, can also be placed in different pay-scales. Such as -
'selection grade', in the same post. But this difference must emerge out
of a legitimate foundation, such as - merit, or seniority, or some other
relevant criteria (see - State of U.P. v. J.P. Chaurasia4 ).
(viii) If the qualifications for recruitment to the subject post vis-a-
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 423
[JAGDISH SINGH KHEHAR, J.)
vis the reference post are different, it may be difficult to conclude, that A
the duties and responsibilities of the posts are qualitatively similar or
comparable (see - the Mewa Ram Kanojia case;, and Government of
W.B. v. Tarun K. Roy"). In such a cause, the principle of 'equal pay
for equal work', cannot be invoked.
(ix) The reference post, with which parity is claimed, under the B
principle of 'equal pay for equal work', has to be at the ~ame hierarchy
in the service, as the subject post. Pay-scales of posts may be different,
ifthe hierarchy of the posts in question, and their channels of promotion,
are different. Even if the duties and responsibilities are same, parity
would not be permissible, as against a superior post, such as a promotional
post (see - Union oflndia v. Pradip Kumar Dey\ and the Hukum Chand c
Gupta case 17).
(x) A comparison between the subject post and the reference
post, under the principle of'equal pay for equal work', cannot be made,
where the subject post and the reference post are in different
establishments, having a different management. Or even, where the D
establishments are in different geographical locations, though owned by
the same master (see - the Harbans Lal case~'). Persons engaged
differently, and being paid out of different funds, would not be entitled to
pay parity (see - Official Liquidator v. Dayanand 13 ).
(xi) Different pay-scales, in certain eventuali_ties, would be E
permissible even for posts clubbed together at the same hierarchy in the
cadre. As for instance, if the duties and responsibilities of one of the
posts are more onerous, or are exposed to higher nature of operational
work/risk, the principle of 'equal pay for equal work' would not be
applicable. And also when, the reference post includes the responsibility F
to take crucial decisions, and that is not so for the subject post (see-the
State Bank of India case8).
(xii) The priority given to different types of posts, under the
prevailing policies of the Government, can also be a relevant factor for
placing different posts under different pay-scales. Herein also, the G
principle of 'equal pay for equal work' would not be applicable (see -
State of Haryana v. Haryana Civil Secretariat Personal Staff
Association 9).
(xiii) The parity in pay, under the principle of 'equal pay for equal
work', cannot be claimed, merely on the ground, that at an earlier point
H
424 SUPREME COURT REPORTS [2016] 7 S.C.R.
A of time, the subject post and the reference post, were placed in the same
pay-scale. The principle of'equal pay for equal work' is applicable only
when it is shown, that the incumbents of the subject post and the
reference post, dischargr similar duties and responsibilities (see - State
of West Bengal v. West Bengal Minimum Wages Inspectors
Association'-1).
B
(xiv) For parity in pay-scales, under the principle of'equal pay for
equal work', equation in the nature of duties, is of paramount importance.
If the principal nature of duties of one post is teaching, whereas that of
the other is non-teaching, the principle would not be applicable. If the
dominant nature of duties of one post is of control and management,
c whereas the subject post has no such duties, the principle would not be
applicable. Likewise, if the central nature of duties of one post is of
quality control, whereas the subject post has minimal duties of quality
control, the principle would not be applicable (see - Union Territory
Administration, Chandigarh v. Manju Mathur 15).
D (xv) There can be a valid classification in the matter of pay-scales,
between employees even holding posts with the same nomenclature i.e.,
between those discharging duties at the headquarters, and others working
at the institutional/sub-office level (see - the Hukum Chand Gupta
case 17), when the duties are qualitatively dissimilar.
E (xvi) The principle of 'equal pay for equal work' would not be
applicable, where a differential higher pay-scale is extended to persons
discharging the same duties and holding the same designation, with the
objective of ameliorating stagnation, or on account oflack of promotional
avenues (see - the Hukum Chand Gupta case' 7).
F (xvii) Where there is no comparison between one set of employees
of one organization, and another set of employees of a different
organization, there can be no question of equation of pay-scales, under
the principle of 'equal pay for equal work', even if two organizations
have a common employer. Likewise, ifthe management and control of
G two organizations, is with different entities, which are independent of
one another, the principle of'equal pay for equal work' would not apply
(see - the S.C. Chandra case'~, and the National Aluminum Company
Limited case 18).
43. We shall now venture to summarize the conclusions recorded
by this Court, with reference to a claim of pay parity, raised by temporary
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 425
[JAGDISH SINGH KHEHAR, J.]
employees (differently designated as work-charge, daily-wage, casual, A
ad-hoc, contractual, and the like), in the following two paragraphs.
44. We shall first outline the conclusions drawn in cases where a
claim for pay parity, raised at the hands of the concerned temporary
employees, was accepted by this Court, by applying the principle of
'equal pay for equal work', with reference to regular employees:- B
(i) In the Dhirendra Chamoli case 19 this Court examined a claim
for p:iy parity raised by temporary employees, for wages equal to those
being disbursed to regular employees. The prayer was accepted. The
actioa of not paying the same wage, despite the work being the same,
was considered as violative of Article 14 of the Constitution. It was c
held, that the action amounted to exploitation - in a welfare state
committed to a socialist pattern of society.
(ii) In the Surinder Singh case~0 this Court held, that the right of
equai wages claimed by temporary employees emerged, inter alia, from
Article 39 of the Constitution. The principle of 'equal pay for equal D
work' was again applied, where the subject employee had been appointed
on temporary basis, and the reference employee was borne on the
permanent establishment. The temporary employee was held entitled to
wages drawn by an employee on the regular establishment. In this
judgment, this Com1 also took note of the fact, that the above proposition
was affirmed by a Constitution Bench of this Court, in the D.S. Nakara E
case~.
(iii) In the Bhagwan Dass case~ 1 this Court recorded, that in a
claim for equal wages, the duration for which an employee would remain
(-or had remained) engaged, would not make any difference. So also,
the manner of selection and appointment would make no difference. F
And therefore, whether the selection was made on the basis of open
competition or was limited to a cluster of villages, was considered
incor!sequcntial, insofar as the applicability of the principle is concerned.
And likewise, whether the appointment was for a fixed limited duration
(six months, orone year), or for an unlimited duration, was also considered G
inconsequential, insofar as the applicability of the principle of'equal pay
for equal work' is concerned. It was held, that the claim for equal
wages would be sustainable, where an employee is required to discharge
similar duties and responsibilities as regular employees, and the concerned
empbyee possesses the qualifications prescribed for the post. In the
H
426 SUPREME COURT REPORTS [2016] 7 S.C.R.
A above case, this Court rejected the contention advanced on behalf of the
Government, that the plea of equal wages by the employees in question,
was not sustainable because the concerned employees were engaged in
a temporary scheme, and against posts which were sanctioned on II
year to year basis.
B. (iv) In the Daily Rated Casual Labour Employed under P&T
Department through Bhartiya Dak Tar Mazdoor Manch case~~ this Court
held, that under principle flowing from Article 38(2) of the Constitution,
Government could not deny a temporary employee, at least the minimum
wage being paid to an employee in the corresponding regular cadre,
alongwith dearness allowance and additional dearness allowance, as well
c as, all the other benefits which were being extended to casual workers.
It was also held, that the classification of workers (as unskilled, semi-
skilled and skilled), doing the same work, into different categories, for
payment of wages at different rates, was not tenable. It was also held,
that such an act of an employer, would amount to exploitation. And
D further that, the same would be arbitrary and discriminatory, and therefore,
violative ofArticles 14 and 16 of the Constitution.
(v) In State of Punjab v. Devinder Singh~6 this Court held, that
daily-wagers were entitled to be placed in the minimum of the pay-scale
of regular employees, working against the same post. The above direction
E was issued after accepting, that the concerned employees, were doing
the same work as regular incumbents holding the same post, by applying
the principle of 'equal pay for equal work'.
(vi) In the Secretary, State of Kamataka case~8 , a Constitution
Bench of this Court, set aside the judgment of the High Court, and directed
F that daily-wagers be paid salary equal to the lowest grade of salary and
allowances being paid to regular employees. Importantly, in this case,
this Court made a very important distinction between pay parity and
regularization. It was held that the concept of equality would not be
applicable to issues of absorption/regularization. But, the concept was
held as applicable, and was indeed applied, to the issue of pay parity- if
G the work component was the same. The judgment rendered by the
High Court, was modified by this Court, and the concerned daily-wage
employees were directed to be paid wages, equal to the salary at the
lowest grade of the concerned cadre.
(vii) In State ofHaryana v. Charanjit Singh 30, a three-Judge bench
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 427
[JAGDISH SINGH KHEHAR, J.]
of this Court held, that the decisions rendered by this Court in State of A
Haryana v. Jasmer Singh 25 , State of Haryana v. Tilak Raf7, the Orissa
University ofAgriculture & Technology case 10, and Government ofW.B.
v. Tarun K. Roy 11 , laid down the correct law. Thereupon, this Court
declared, that if the concerned daily-wage employees could establish,
that they were performing equal work of equal quality, and all other
B
relevant factors were fulfilled, a direction by a Court to pay such
employees equal wages (from the date of filing the writ petition), would
be justified.
(viii) In State ofU.P. v. Putti Lal3 1, based on decisions in several
cases (wherein the principle of 'equal pay for equal work' had been
invoked), it was held, that a daily-wager discharging similar duties, as c
those engaged on regular basis, would be entitled to draw his wages at
the minimum of the pay-scale (drawn by his counterpart, appointed on
regular basis), but would not be entitled to any other allowances or
incre:nents.
(ix) In the Uttar Pradesh Land Development Corporation case 33 D
this Court noticed, that the respondents were employed on contract basis,
on a consolidated salary. But, because they were actually appointed to
perform the work of the post of Assistant Engineer, this Court directed
the employer to pay the respondents wages, in the minimum of the pay-
scales ascribed for the post of Assistant Engineer. E
45. We shall now attempt an analysis of the judgments, wherein
this Court declined to grant the benefit of 'equal pay for equal work' to
temporary employees, in a claim for pay parity with regular employees:-
(i) In the Harbans Lal case2', daily-rate employees were denied
the c!aimed benefit, under the principle of 'equal pay for equal work', F
because they could not establish, that the duties and responsibilities of
the post(s) held by them, were similar/equivalent to those of the reference
posts, under the State Government.
(ii) In the Grih Kalyan Kendra Workers' Union case6 , ad-hoc
employees engaged in the Kendras, were denied pay parity with regular G
employees working under the New Delhi Municipal Committee, or the
Delhi Administration, or the Union of India, because of the finding
returned in the report submitted by a former Chief Justice oflndia, that
duties and responsibilities discharged by employees holding the reference
posts, were not comparable with the posts held by members of the
H
428 SUPREME COURT REPORTS [2016] 7 S.C.R.
A petitioner union.
(iii) In State ofHaryana v. Tilak Raf 7, this Court took a slightly
different course. while detennininga claim for pay parity, raised by daily-
wagers (-th..: respondents). It was concluded, that daily-wagers held
no post, and as such, could not be equated with regular employees who
B held regular posts. But herein also, no material was placed on record, to
establish that the nature of duties performed by the daily-wagers, was
comparable with those discharged by regular employees. Be that as it
may, it was directed, that the State should prescribe minimum wages for
such workers, and they should be paid accordingly.
c (iv) In State of Punjab v. Surjit Singh'~, this Court held, that forthe
applicability of the principle of'equal pay for equal work', the respondents
who were daily-wagers, had to establish through strict pleadings and
proof, that they were discharging similar duties and responsibilities, as
were assigned to regular employees. Since they had not done so, the
matter v.as remanded back to the High Court, for a re-determination on
D the above position. It is therefore obvious, that this Court had accepted,
that where duties, responsibilities and functions were shown to be similar,
the principle of'equal pay for equal work' would be applicable, even to
temporary employees (otherwise the order of remand, would be
meaningless, and an exercise in futility).
E (vi) It is, therefore apparent, that in all matters where this Court
did not extend the benefit of 'equal pay for equal work' to temporary
employees, it was because the employees could not establish, that they
were rendering similar duties and responsibilities, as were being
discharged by regular employees, holding corresponding posts.
F 46. We have consciously not referred to the judgment rendered
by this Court in State of Haryana v. Jasmer Singh~ 5 (by a two-Judge
divisio1~ bench), in the preceding two paragraphs. We are of the
considered view, that the above judgment, needs to be examined and
explaim:d independently. Learned counsel representing the State
G government, had placed emphatic reliance on this judgment. Our analysis
is recorded hereinafter:-
( i) In the above case, the respondents who were daily-wagers
were claiming the same salary as was being paid to regular employees.
A series of reasons were recorded, to deny them pay parity under the
principle of 'equal pay for equal work'. This Court expressed the view,
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 429
[JAGDISH SINGH KHEHAR, J.]
that daily-wagers could not be treated at par with persons employed on A
regular basis, because they were not required to possess qualifications
prescribed for appointment on regular basis. Daily-wagers, it was felt,
were not selected in the same manner as regular employees, inasmuch
as, a.regular appointee had to compete in a process of open selection,
and would be appointed, only ifhe fell within the zone of merit. It was
B
also i'elt, that daily-wagers were not required to fulfill the prescribed
requirement of age, at the time of their recruitment. And also because,
regular employees were subject to disciplinary proceedings, whereas,
daily-wagers were not. Daily-wagers, it was held, could also not be
equated with regular employees, because regular employees were liable
to be transferred anywhere within their cadre. This Court therefore c
held, that those employed on daily-wages, could not be equated with
regular employees, and as such, were not entitled to pay parity, under
the principle of 'equal pay for equal work'.
(ii) First and foremost, it is necessary to emphasise, that in the
course of its consideration in State of Haryana v. Jasmer Singh' 5, this D
Court's attention had not been invited to the judgment in the Bhagwan
Dass case' 1, wherein on some of the factors noticed above, a contrary
view was expressed. In the said case, this Court had held, that in a
claim for equal wages, the manner of selection for appointment wou Id
not make any difference. It will be relevant to notice, that for the posts
under reference in the Bhagwan Dass case' 1, the selection of those E
appointed on regular basis, had to be made through the Subordinate
Selection Board, by way of open selection. Whereas, the selection of
the petitioners as daily-wagers, was iimited to candidates belonging to a
cluster of villages, and was not through any specialized selection body/
agency. Despite thereof, it was held, that the benefit under the principle F
of 'equal pay for equal work', could not be denied to the petitioners.
The aforesaid conclusion was drawn on the ground, that as long as the
petitioners were perfonning similar duties, as those engaged on regular
basis (on corresponding posts) from the standpoint of the doctrine of
'equal pay for equal work', there could be no distinction on the subject
of payment of wages. G
(iii) Having noticed the conclusion drawn in State of Haryana v.
Jasmer Singh' 5 , it would be relevant to emphasise, that in the cited
judgments (noticed in paragraph 26 onwards, upto paragraph 41 ), the
employees concerned, could not have been granted the benefit of the
H
430 SUPREME COURT REPORTS [2016) 7 S.C.R.
A principle of 'equal pay for equal work' (in such of the cases, where it
was so granted), because temporary employees (daily-wage employees,
in the said case) are never ever selected through a process of open
selection, by a specialized selection body/agency. We would therefore
be obliged to follow the large number of cases where pay parity was
granted, rather than, the instant singular judgment recording a divergent
B
view.
(iv) Temporary employees (irrespective of their nomenclature)
are also never governed by any rules of disciplinary action. As a matter
of fact, a daily-wager is engaged only for a day, and his services can be
dispensed with at the end of the day for which he is engaged. Rules of
c disciplinary action, are therefore to the advantage ofregular employees,
and the absence of their applicability, is to the disadvantage of temporary
employees, even though the judgment in State of Haryana v. Jasmer
Singh~ 5 , seems to project otherwise.
(v) Even the issue of transferabi Iity ofregular employees referred
D to in State of Haryana v. Jasmer Singh~ 5 , in our view, has not been
examined closely. Inasmuch as, temporary employees can be directed
to work anywhere, within or outside their cadre, and they have no choice
but to accept. This is again, a further disadvantage suffered by temporary
employees, yet the judgment projects as if it is to their advantage.
E (vi) It is also necessary to appreciate, that in all temporary
appointments (-work-charge, daily-wage, casual, ad-hoc, contractual,
and the like), the distinguishing features referred to in State ofHaryana
v. Jasmer Singh~5, are inevitable, yet in all the judgments referred to
above (rendered before and after, the judgment in the State of Haryana
F v. Jasmer Singh~5 ), the proposition recorded in the instant judgment, was
never endorsed.
(vii) It is not the case of the appellants, that the respondent-
employees do not possess the minimum qualifications required to be
possessed for regular appointment. And therefore, this proposition would
G not be applicable to the facts of the cases in hand.
(viii) Another reason for us in passing by, the judgment in State of
Haryana v. Jasmer Singh~ is, that the bench deciding the matter had in
5
mind, that daily-wagers in the State of Haryana, were entitled to
regularization on completion of3/5 years of service, and therefore, all
the concerned employees, would in any case be entitled to wages in the
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 431
[JAGDISH SINGH KHEHAR, J.]
regular pay-scale, after a little while. This factual position was noticed A
in the judgment itself.
(ix) It is not necessary for us to refer the matter for adjudication
to a larger bench, because the judgment in State of Haryana v. Jasmer
Singh'\ is irreconcilable and inconsistent with a large number of
judgments, some of which are by larger benches, where the benefit of B
the p• inciple in question was extended to temporary employees (including
daily-wagers).
(x) For all the above reasons, we are of the view that the claim of
the appellants cannot be considered, on the basis of the judgment in
State of Haryana v. Jasmer Singh 25 • c
47. We shall now endeavour to examine the impugned judgments.
48. First and foremost, it is essential for us to deal with the judgment
dated 11.11.2011 rendered by the full bench of the High Court (in Avtar
Singh v. State of Punjab & Ors., CWP no. 14796 of2003). A perusal of
the above judgment reveals, that the High Court conspicuously focused D
its attention to the decision of the Constitution Bench in the Secretary,
State ofKarnataka case 28 • While dealing with the above judgment, the
full bench expressed the view, that though at the first impression, the
judgment appeared to expound that payment of minimum wages drawn
by regular employees, had also to be extended to persons employed on E
temporary basis, but a careful reading of the same would show that, that
was not so. Learned counsel, representing the State of Punjab, reiterated
the above position. In order to understand the tenor of the aforesaid
assertion, reference was made to paragraphs 44 and 48, of the judgment
of the Constitution Bench, which are extracted hereunder:-
F
"44. The concept of"equal pay for equal work" is different
from the concept of conferring permanency on those who
have been appointed on ad hoc basis, temporary basis, or
based on no process of selection as envisaged by the rules.
This Court has in various decisions applied the principle of
equal pay for equal work and has laid down the parameters G
forthe application of that principle. The decisions are rested
on the concept of equality enshrined iri our Constitution in
the light of the directive principles in that behalf. But the
acceptance of that principle cannot lead to a position where
the court could direct that appointments made without
H
432 SUPREME COURT REPORTS [2016] 7 S.C.R.
A following the due procedure established by law, be deemed
permanent or issue directions to treat them as permanent.
Doing so, would be negation of the principle of equality of
opportunity. The power to make an order as is necessary
for doing complete justice in any cause or matter pending
before this Court, would not normally be used for giving the
B
go-by to the procedure established by law in the matter of
public employment. ...
. . ..It would not be just or proper to pass an order in exercise
ofiurisdiction under Article 226 or 32 of the Constitution or
in exercise of power under Article 142 of the Constitution
c permitting those persons engaged, to be absorbed or to be
made permanent, based on their appointments or
engagements. Complete justice would be justice according
to law and though it would be open to this Court to mould
t~e relief, this Court would not grant a relief which would
D al!lount to perpetuating an illegality.
xxx xxx xxx
,;,.·. 48. It was then contended that the rights of the employees
thus appointed, under Articles 14 and 16 of the Constitution,
are violated. It is stated that the State has treated the
E employees unfairly by employing them on less than minimum
wages and extracting work from them for a pretty long
period in comparison with those directly recruited who are
getting more wages or salaries for doing similar work. The
employees before us were engaged on daily wages in the
F department concerned on a wage that was made known to
them. There is no case that the wage agreed upon was not
br.ing paid. Those who are working on daily wages formed
a class by themselves, they cannot claim that they are
discriminated as against those who have been regularly
recruited on the basis of the relevant rules. No right can be
G founded on an employmenton daily wages to claim that
such employee should be treated on a par with a regularly
recruited candidate, and made pennanent in employment,
even assuming that the principle could be invoked for
claiming equal wages for equal work. There is no
H fundamental right in those who have been employed on
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 433
(JAGDISH SINGH. KHEHAR, J.]
daily wages or temporarily or on contractual basis, to claim. A
that they have a right to be absorbed in service. As has
been held by this Court, they cannot be said to be holders
of a post, since, a regular appointment could be made only
by making appointments consistent with the requirements
of Articles 14 and 16 of the Constitution. The right to be
B
treated equally with the other employees employed on daily
wages, cannot be extended to a claim for equal treatment
with those who were regularly employed. That would be
treating unequals as equals. It cannot also be relied on to
claim a right to be absorbed in service even though they
have never been selected in terms of the relevant c
recruitment rules. The arguments based on Articles 14 and
16 of the Constitution are therefore overruled."
We have given our thoughtful consideration to the observations
recorded by this Court, as were relied upon by the full bench (-as also,
by the learned counsel representing the State of Punjab). It is not possible D
for us to concur with the inference drawn by the full bench, for the
reasons recorded hereunder:-
(i) We are of the considered view, that in paragraph 44 extracted
above, the Constitution Bench clearly distinguished the issues of pay
parity, and regularization in service. It was held, that on the issue of pay E
parity, the concept of'equality' would be applicable (as had indeed been
appli-;d by the Court, in various decisions), but the principle of'equality'
could not be invoked for absorbing temporary employees in Government
servi.;e, or for making temporary employees regular/permanent. All the
observations made in the above extracted paragraphs, relate to the
subject ofiegularization/permanence, and not, to the principle of'equal F
pay for equal work'. As we have already noticed above, the Constitution
Bench unambiguously held, that on the issue of pay parity, the High
Court ought to have directed, that the daily-wage workers be paid wages
equal to the salary, at the lowest grade ofthei~ cadre. This deficiency
was made good, by making such a direction. G
(ii) Insofar as paragraph 48 extracted above is concerned, all that
needs to be stated is, that they were merely submissions of learned
·counsel, and not conclusions drawn by this Court. Therefore, nothing
further needs to be stated, with reference to paragraph 48.
H
434 SUPREME COURT REPORTS [2016) 7 S.C.R.
A (iii) We are therefore of the view, that the High Court seriously
erred in interpreting the judgment rendered by this Court in the Secretary,
State ofKarnataka case: 8, by placing reliance on paragraphs 44 and 48
extracted above, for drawing its inferences with reference to the subject
of pay parity. On the above subject/issue, this Court's conclusions were
. recorded in paragraph 55 (extracted in paragraph 36, hereinabove ), which
8
have already been dealt with by us in an earlier part of this judgment.
4<?. It would also be relevant to mention, that to substantiate its
inference drawn from the judgment rendered by this Court in the
Secretary, State ofKarnataka case:8 , the full bench of the High Court,
placed reliance on State of Punjab v. Smjit Singh'\ and while doing so,
c reference was made to the following observations recorded in paragraphs
27 to 30 (of the said judgment). Learned counsel for the State of Punjab
has reiterated the abO\ e position. Paragraphs 27 to 30 aforementioned
are bein~ extracted hereunder:-
"27. While laying down the law that regularization under
D the constitutional scf1eme is wholly impermissible, the Court
in State ofKarnataka v. Umadevi (3), (2006) 4 SCC I, had
issued certain directions relating to the employees in the
services of the Commercial Taxes Department, as noticed
herein before. The employees of the Commercial Taxes
E Department were in service for more than ten years. They
were appointed in 1985-1986. They were sought to be
regularized in terms of a scheme. Recommendations were
made by the Director, Commercial Taxes for their
absorption. It was only when such recommendations were
not acceded to, the Administrative Tribunal was approached.
F It rejected their claim. The High Court, however, allowed
their prayer which was in question before this Court.
28. This Court stated: (Secretary, State of Karnataka v.
Umadevi, (2006) 4 SCC I, pp. 19-20, para 8)
G "8. . .. It is seen that the High Court without really
coming to grips with the qu.estion falling for decision in
the light of the findings of the Administrative Tribunal
and the decisions ofthis Court, proceeded to order that
they are entitled to wages equal to the salary and
allowances that are being paid to the regular employees
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 435
[JAGDISH SINGH KHEHAR, J.]
of their cadre in government service with effect from A
the dates from which they were respectively appointed.
It may be noted that this gave retrospective effect to
the judgment of the High Court by more than 12 years.
The High Court also issued a command to the State to
consider their cases for regularisation within a period of
B
four months from the date of receipt of that order. The
High Court seems to have proceeded on the basis that,
whether they were appointed before 1-7-1984, a
situation covered by the decision of th is Court
in Dharwad District PWD Literate Daily Wage
Employees Assn. v. State of Karnataka, (1990) 2 SCC c
396, and the scheme framed pursuant to the direction
thereunder, or subsequently, since they have worked for
a period of I 0 years, they were entitled to equal pay for
equal work from the very inception of their engagement
on daily wages and were also entitled to be considered
D
for regularisation in their posts."
29. It is in the aforementioned factual backdrop, this Cou11
in exercise of its jurisdiction under Article 142 of the
Constitution of India, directed: (Secretary, State of
Karnataka v. Umadevi, (2006) 4 SCC I, p. 43, para 55)
E
"55. . .. Hence, that part of the direction of the
Division Bench is modified and it is directed that these
daily-wage earners be paid wages equal to the salary at
the lowest grade of employees of their cadre in the
Commercial Taxes Department in government service,
from the date of the judgment of the Division Bench of F
the High Court. Since, they are only daily-wage earners,
there would be no question of other allowances being
paid to them. In view of our conclusion, that the courts
are not expected to issue directions for making such
persons permanent in service, we set aside that part of G
the direction of the High Court directing the Government
to consider their cases for regularisation. We also notice
that the High Court has not adverted to the aspect as to
whether it was regularisation or it was giving
permanency that was being directed by the High Court.
H
436 SUPREME COURT REPORTS (2016] 7 S.C.R.
A In such a situation, the direction in that regard will stand
deleted and the appeals filed by the State would stand
allowed to that extent. If sanctioned posts are vacant
(they are said to be vacant) the State will take immediate
steps for filling those posts by a regular process of
selection. But when regular recruitment is unde11aken,
B
the respondents in CAs Nos. 3595-612 and those in the
Commercial Taxes Depa11ment similarly situated, will
be allowed to compete, waiving the age restriction
imposed for the recruitment and giving some weightage
fortheir having been engaged for work in the Department
c for a significant period of time. That would be the extent
of the exercise of power by this Court under Article
142 of the Constitution to do justice to them."
30. We, therefore, do not see that any law has been laid
down in para 55 of the judgment in Umadevi case.
D Directions were issued in view of the limited controversy.
As indicated, the State's grievances were limited."
Yet again, we are of the view, that the full bench erred in referring
to the a!Jove observations, to draw its conclusions. Our reasons are
summarized hereinbelow:-
E (i) It is apparent, that this Court in State of Punjab v. Surjit Singh 3',
did hold, that the determination rendered in paragraph 55 of the judgment
in the Secretary, State ofKarnataka case' 8 , was in exercise of the power
vested in this Court, under Article 142 of the Constitution oflndia. But
the above observation does not lead, to the conclusion or the inference,
F that the principle of 'equal pay for equal work' is not applicable to
temporary employees. In fact, there is a positive take-away for the
temporary employees. The Constitution Bench would, in the above
situation, be deemed to have concluded, that to do complete justice to
the cause of temporary employees, they should be paid the minimum
wage of a regular employee, discharging the same duties. It needs to be
G noticed, that on the subject of pay parity, the findings recorded by this
Court in the Secretary, State of Karnataka case'8 , were limited to the
conclusions recorded in paragraph 55 thereof(which we have dealt with
above, while dealing with the case law, on the principle of'equal pay for
equal work').
H (ii) Even in the case under reference - State of Punjab v. Surjit
STATE OF PUNJAB & ORS. v. JAGJJT SINGH & ORS. 437
[JAGDISH SINGH KHEHAR, J.]
Singh32, this Court accepted the principle of'equal pay for equal work', A
as ap11licable to temporary employees, by requiring the State to examine
the claim of the respondents for pay parity, by appointing an expert
committee. The expert committee was required to determine, whether
the respondents satisfied the conditions stipulated in differentjudgments
of this Court including State of Punjab v. Charanjit Singh30, wherein this
B
Court had acceded to the proposition, that daily-wagers who were
rendering the same duties and responsibilities as regular employees, would
be er.titled to the minimum wage payable to regular employees. And
had therefore, remanded the matter back to the High Court for a fresh
adjudication. Paragraph 38 of the judgment in State of Punjab v. Surjit
Singh32, wherein the remand was directed, is being extracted below:- c
"38. We, therefore, are of the opinion that the interest of
justice would be subserved ifthe State is directed to examine
the cases of the respondents herein by appointing an expert
committee as to whether the principles of law laid down
herein viz. as to whether the respondents satisfy the factors D
for invocation of the decision in State ofHaryana v. Charajnit
Singh, (2006) 9 SCC 321 in its entirety including the question
of appointment in terms of the recruitment rules have been
followed."
(iii) For all the above reasons, we are of the view, that the claim of
E
the temporary employees, for minimum wages, at par with regularly
engaged Government employees, cannot be declined, on the basis of the
judgment in State of Punjab v. Surjit Singh':.
50. The impugned judgment rendered by the full bench, also relied
upon the judgment in Satya Prakash v. State of Bihar3;, which also
attempted to interpretthejudgment in the Secretary, State ofKarnataka F
case:8 • Learned counsel for the State of Punjab also referred to the
same, to canvass the case of the State government. Relevant observations
reiied upon, are reproduced below:-
"7. We are of the view that the appellants are not entitled
to get the benefit ofregularization of their services since G
they were never appoinred in any sanctioned posts. The
appellants were only engaged on daily wages in
· the Bihar Intermediate Education Council.
"(2010)4 sec 119
H
438 SUPREME COURT REPORTS [2016) 7 S.C.R.
A 8. In State of Karnataka v. Umadevi (3), (2006) 4 SCC I,
this Court held that the Courts are not expected to issue
any direction for absorption/regularization or permanent
continuance of temporary, contractual, casual, daily-wage
or ad hoc employees. This Court held that such directions
issued could not be said to be inconsistent with the
B
constitutional scheme of public employment. This Court held
that merely because a temporary employee or a casual wage
worker is continued for a time beyond the term of his
appointment, he would not be entitled to be absorbed in
regular service or made permanent. merely on the strength
c of such continuance, if the original appointment was not
made by following a due process of selection as envisaged
by the relevant rules. In view of the law laid down by this
Court, the directions sought for by the appellants cannot be
granted.
D 9. Paragraph 53 of Umadevi (3) judgment, deals with
ir:egular appointments (not illegal appointments). The
Constitution Bench specifically referred to the judgments
in State of Mysore vs. S.V. Narayanappa, AIR 1967 SC
1071, and R.N. Nanjundappa vs. T. Thimmiah, (1972) I
SCC 409, in para 15 ofUmadevi (3)judgment as well. Let
E
us refer to paras I 5 and 16 ofUmadevi (3)judgment in this
context.
xxx xxx xxx
I'.;. In our view, the appellants herein would fall under the
F category of persons mentioned in paras 8 and 55 of the
judgment and not in para 53 ofjudgment ofUmadevi (3)."
Yet again, all that needs to be stated is, that the observations relied
upon by the full bench of the High Court, dealt with the. issue of
regularization, and not with the concept of 'equal pay for equal work'.
G Paragraph 7 extracted above, leaves no room for any doubt, that the
issue being considered in the Satya Prakash case 35 , pertained to
regularization of the appellants in service. Our view, that the issue being
dealt with pertained to regularization gains further ground from the fact
(recorded in paragraph I of the above judgment), that the appellants in
the Satya Prakash case;; had approached this Court, to claim the benefit
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 439
[JAGDISH SINGH KHEHAR, J.]
of paragraph 53 of the judgment in the Secretary, State of Karnataka A
case~ 8 • Paragraph 53 aforementioned, is reproduced below:-
"53. One aspect needs to be clarified. There may be
cases where irregular appointments (not illegal
appointments) as explained in State of Maysore v. S. V.
Narayanappa,AIR 1967 SC 1071, R.N. Nanjundappa v. T. B
Thimmiah, ( 1972) 1 SCC 409, and B.N. Nagarajan v. State
ofKarnataka, (1979) 4 SCC 507, and referred to in para 15
above, of duly qualified persons in duly sanctioned vacant
posts might have been made and the employees have
continued to work for ten years or more but without the
intervention of orders of the courts or of tribunals. The c
question ofregularisation of the services of such employees
may have to be considered on merits in the light of the
principles settled by this Court in the cases abovereferred
to and in the light of this judgment. In that context, the Union
oflndia. the State Governments and their instrumentalities D
should take steps to regularize as a one-time measure, the
services of such irregularly appointed, who have worked
for ten years or more in duly sanctioned posts but not under
cover of orders of the courts or of tribunals and should
further ensure that regular recruitments are undertaken to
fill those vacant sanctioned posts that require to be filled E
up, in cases where temporary employees or daily wagers
are being now employed. The process must be set in motion
within six months from this date. We also clarify that
regularisation, if any already made, but_not sub judice, need
not be reopened based on this judgment, but there should F
be no further bypassing of the constitutional requirement
and regularizing or making permanent, those not
duly appointed as perthe constitutional scheme."
A perusal of paragraph 53 extracted above, leaves no room for
any doubt, that the issue canvassed was of regularization, and not pay G
parity. We are therefore of the view, that reliance on paragraph 53, for
determining the question of pay parity (claimed by the concerned
employees), resulted in the High Court drawing an incorrect inference.
51. The full bench of the High Court, while adjudicating upon the
above controversy had concluded, that temporary employees were not H
440 SUPREME COURT REPORTS [2016} 7 S.C.R.
A entitled to the minimum of the regular pay-scale, merely for the reason,
that the activities carried on by daily-wagers and regular employees
were similar. The full bench however, made two exceptions. Temporary ''>-'
employees, wrlo fell in either ofthe two exceptions, were held entitled to
wages a~ the minimum of the pay-scale drawn by regular employees.
The exceptions recorded by the full bench of the High Court in the
B
impugned judgment are extracted hereunder:-
"( I) A daily wager, ad hoc or contractual appointee against
the regular sanctioned posts, if appointed after undergoing
a selection process based upon fairness and equality of
opportunity to all other eligible candidates, shall be entitled
c to minimum of the regular pay scale from the date of
engagement.
(2) But if daily wagers, ad hoc or contractual appointees
are not appointed against regular sanctioned posts and their
services are availed continuously, with notional breaks, by
D the State Government or its instrumentalities for a sufficient
long period i.e. for I 0 years, such daily wagers, ad hoc or
contractual appointees shall be entitled to minimum of the
regular pay scale without any allowances on the assumption
that work of perennial nature is available and having worked
E for such Jong period of time, an equitable right is created in
such category of persons. Their claim for regularization, if
any, may have to be considered separately in terms of legally
permissible scheme.
(3) In the event, a claim is made for minimum pay scale
F after more than three years and two months of completion
of I 0 years of continuous working, a daily wager, ad hoc or
contractual employee shall be entitled to arrears for a period
of three years and two months."
A perusal of the above conclusion drawn in the impugned judgment
G (passed by the full bench), reveals that the full bench carved an exception
for employees who were not appointed against regular sanctioned posts,
iftheir services had remained continuous (with notional breaks, as well),
for a period of I 0 years. This category of temporary employees, was
extended the benefit of wages at the minimum of the regular pay-scale.
In the Secretary, State of Karnataka case~8 , similarly, employees who
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 441
[JAGDISH SINGH KHEHAR, J.]
had ~endered 10 years service, were granted an exception (refer to A
paragraph 53 of the judgment, extracted in the preceding paragraph).
The above position adopted by the High Court re\leals, that the High
Court intermingled the legal position determined by this Court on the
subject of regularization of employees, while adjudicating upon the
proposition of pay parity, emerging under the principle of 'equal pay for
B
equal work'. In our view, it is this mix-up, which has resulted in the High
Court recording its afore-extracted conclusions.
(ii) The High Court extended different wages to temporary
employees, by categorizing them on the basis of their length of service.
This is clearly in the teeth ofjudgment in the Daily Rated Casual Labour
Employed under P&T Department through Bhartiya Oak Tar Mazdoor c
Manch case:!.:!. In the above judgment, this Court held, that classification
of employees based on their length of service (- those who had not
completed 720 days of service, in a period of 3 years; those who had
completed more than 720 days of service - with effect from 1.4.1977;
and those who had completed 1200 days of service), for payment of D
different levels of wages (even though they were admittedly discharging
the same duties), was not tenable. The classification was held to be
violative ofArticles 14 and 16 of the Constitution.
(iii) Based on the consideration recorded hereinabove, the
determination in the impugned judgment rendered by the full bench of E
the High Court, whereby it classified temporary employees for differential
treatment on the subject of wages, is clearly unsustainable, and is liable
to be set aside. ·· .
52. In view of all our above conclusions, the decision rendered by
the full bench of the High Court in Avtar Singh v. State of Punjab & Ors. F
(CW? no. 14796 of2003), dated 11.11.2011, is liable to be set aside, and
the same is hereby set aside. The decision rendered by the division
bench of the High Court in State of Punjab & Ors. v. Rajinder Singh &
Ors. (LPA no. 337 of2003, decided on 7.1.2009) is also liable to be set
aside, and the same is also hereby set aside. We affinn the decision
rendered in State of Punjab & Ors. v. Rajinder Kumar (LPA no. I024 of G
2009, decided on 30.8.2010), with the modification, that the concerned
emplvyees would be entitled to the minimum of the pay-scale, of the
category to which they belong, but would not be entitled to allowances
attached to the posts held by them.
H
442 . SUPREME COURT REPORTS [2016] 7 S.C.R.
A 53. We shall now deal with the claim of temporary employees
before this Court.
54. There is no room for any doubt, that the principle of 'equal
pay for equal work' has emerged from an interpretation of different
provisions of the Constitution. The principle has been expounded through
B a large number ofjudgments rendered by this Court, and constitutes law
declared by this Court. The same is binding on all the courts in India,
under Article 141 of the Constitution of India. The parameters of the
principle, have been summarized by us in paragraph 42 hereinabove.
The principle of 'equal pay for equal work' has also been extended to
temporary employees (differently described as work-charge, daily-wage,
c casual, ad-hoc, contractual, and the like). The legal position, relating to
temporary employees, has been summarized by us, in paragraph 44
hereinabove. The above legal position which has been repeatedly
declared, is being reiterated by us, yet again.
55. In our considered view, it is fallacious to determine artificial
D parameters to deny fruits oflabour. 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 atthe very foundation of human dignity.
Any one, who is compelled to work at a lesser wage, does not do so
E 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 irtegrity. 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 situate, constitutes an act of
exploitative enslavement, emerging out of a domineering position.
F Undoubtedly, the action is oppressive, suppressive and coercive, as it
compels involuntary subjugation.
56. We would also like to extract herein Article 7, of the
International Covenant on Economic, Social and Cultural Rights, 1966.
The same is reproduced below:-
G
"Article 7
The States Parties to the present Covenant recognize the
right of everyone to the enjoyment of just and favourable
conditions of work which ensure, in particular:
H
STATE OF PUNJAB & ORS. v. JAGJIT SINGH & ORS. 443
[JAGDISH SINGH KHEHAR, J.]
(a) Remuneration which provides all workers. as a minimum, A
with:
(i) Fair wages and equal remuneration for work of equal value
without distinction of any kind, in particular women being
guaranteed conditions of work not inferior to those enjoyed by
men, with equal pay for equal work; 8
(ii) A decent living for themselves and their families in
accordance with the provisions of the present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his c
employment to an appropriate higher level, subject to no
considerations other than those of seniority and competence;
(d) Rest, leisure and reasonable limitation of working hours and
periodic holidays with pay, as well as remuneration for public
holidays." D
India is a signatory to the above covenant, having ratified the same
on I 0.4.1979. There is no escape from the above obligation, in view of
different provisions of the Constitution referred to above, and in view of
the law declared by this Court under Article 141 of the Constitution of
India, the principle of'equal pay for equal work' constitutes a clear and
E
unambiguous right and is vested in every employee - whether engaged
on regular or temporary basis.
57. Having traversed the legal parameters with reference to the
application of the principle of 'equal pay for equal work', in relation to
temporary employees (daily-wage employees, ad-hoc appointees,
F
employees appointed on casual basis, contractual employees and the
like), the sole factor that requires our determination is, whether the
concerned employees (before this Court), were rendering similar duties
and responsibilities, as were being discharged by regular employees,
holding the same/corresponding posts. This exercise would require the
application of the parameters of the principle of 'equal pay for equal G
work' summarized by us in paragraph 42 above. However, insofar as
the instant aspect of the matter is concerned, it is not difficult for us to
record the factual position. We say so, because it was fairly
acknowledged by the learned counsel representing the State of Punjab,
that all the temporary employees in the present bunch of appeals, were
H
444 SUPREME COURT REPORTS (2016) 7 S.C.R.
A appointed against posts which were also available in the regular cadre/
establishment. It was also accepted, that during the course of their
employ111ent, the concerned temporal)' employees were being randomly
deputed to discharge duties and responsibilities, which at some point in
time, were assigned to regular employees. Likewise, regular employees
holding substantive posts, were also posted to discharge the same work,
B
which was assigned to temporal)' employees, from time to time. There
is, therefore, no room for any doubt, that the duties and responsib;lities
discharged by the temporal)' employees in the present set of appeals,
were tht. same as were being discharged by regular employees. It is not
the case of the appellants, that the respondent-employees did not possess
c the qualifications prescribed for appointment on regular basis.
Furthermore, it is not the case of the State, that any of the temporal)'
employees would not be entitled to pay parity, on any of the principles
summarized by us in paragraph 42 hereinabove. There can be no doubt,
that the principle of'equal pay for equal work' would be applicable to all
the concerned temporal)' employees, so as to vest in them the right to
D
claim wages, at par with the minimum of the pay-scale of regularly
engaged Government employees, holding the same post.
58. In view of the position expressed by us in the foregoing
paragraph, we have no hesitation in holding, that all the concerned
temporal)' employees, in the present bunch of cases, would be entitled
E 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.
59. Disposed of in the above terms.
F 60. It would be unfair for us, if we do not express our gratitude for
the assislance rendered to us by Mr. Rakesh Khanna, Additional Ad\'ocate
General, Punjab. He researched for us, on our asking, all the judgments
on the issue of pay parity. He presented them to us, irrespective of
whether the conclusions recorded therein, would or would not favour
the cause supported by him. He also assisted us, on different parameters
G and outlines, suggested by us, during the course of hearing.
Note: The emphases supplied in all the quotations in the instant judgment,
are ours.
Nidhi Jain Appeals disposed of.
H
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