2005 (10) TMI 614 - SC - Indian Laws

Summary

Issues Involved:
1. Entitlement of daily wagers to minimum wages under the pay-scale of regular Class IV employees.
2. Application of the principle of "equal pay for equal work."
3. Evaluation of relevant factors for equal pay claims.
4. Applicability of equal pay principles to contract workers.

Detailed Analysis:

Entitlement of Daily Wagers to Minimum Wages:
In all the appeals, the respondents, who were daily wagers appointed in various capacities (ledger clerks, pump operators, etc.), claimed minimum wages under the pay-scale of regular Class IV employees from their appointment dates. The High Court directed that these respondents be given the minimum wages from the date of filing their respective petitions. However, the Supreme Court needed to determine whether these directions required interference, considering the respondents were regularized during the pendency of the appeals.

Application of the Principle of "Equal Pay for Equal Work":
The principle of "equal pay for equal work" was central to the respondents' claims. The court referred to several precedents, including Surinder Singh vs. Engineer-in-Chief, C.P.W.D. (1986), which upheld this doctrine. However, subsequent cases like State of Haryana vs. Jasmer Singh (1996) and State of Haryana vs. Tilak Raj (2003) highlighted that this principle is not easily applicable and requires a thorough evaluation of the nature of work, qualifications, and other factors.

Evaluation of Relevant Factors for Equal Pay Claims:
The court emphasized that the principle of "equal pay for equal work" requires a detailed examination of various factors, including:
- The nature and quality of work performed.
- Educational qualifications.
- Recruitment processes.
- Responsibilities and reliability of the work.
- Experience and seniority.

The court noted that previous judgments had cautioned against a mechanical application of this principle and stressed the need for substantial evidence and proper evaluation by expert bodies.

Applicability of Equal Pay Principles to Contract Workers:
The court clarified that the principle of "equal pay for equal work" does not apply to contract workers. In cases like State of Haryana vs. Surinder Kumar (1997) and Union of India vs. K.V. Baby (1998), it was held that contract workers cannot claim equal pay as regular employees due to differences in recruitment processes, qualifications, and responsibilities.

Conclusion:
The Supreme Court set aside the impugned judgments and remitted the cases back to the High Court. The High Court was directed to:
1. Examine each case to ensure necessary averments and proofs are provided.
2. Consider all relevant factors, including the nature of work, qualifications, and recruitment processes.
3. Determine whether everything is identical and equal before issuing any directions for equal pay.
4. For cases involving contract workers, allow amendments to petitions to clarify claims of regular appointments and permit respondents to file replies.

The appeals were disposed of with no order as to costs.