9911796707
TMI Blog2003 (7) TMI 741X X X X Extracts X X X X X X X X Extracts X X X X ..... applicable to the regular employees. 3. Factual position so far as relevant for determination of the controversy needs to be noted in brief. 4. The thirty five respondents were appointed at different points of time as helpers on daily wages in the Haryana Roadways. They filed writ petition claiming that they were entitled to regularization in view of service rendered for long period and/or that they were to be paid the same salary as paid to regular employees since the nature of work done by them was similar. In other words for the second relief claimed principle of equal pay for equal work was pressed into service. They asserted to be educationally qualified for the post. The appellants disputed the claim of the respondents that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ways easy to apply. There are inherent difficulties in comparing and evaluating the work done by different persons in different organisations, or even in the same organization. In Federation of All India Customs and Central Excise Stenographers (Recognised) and Ors. v. Union of India and Ors. [1988]3SCR998 , this Court explained the principle of equal pay for equal work by holding that differentiation in pay scales among government servants holding the same posts and performing similar work on the basis of difference in the degree of responsibility, reliability and confidentiality would be a valid differentiation. The same amount of physical work may entail different quality of work, some more sensitive, some requiring more tact, some les ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bad Development Authority v. Vikram Chaudhary (1995)IILLJ703SC . 9. At this juncture, it would be proper to take note of what was stated in Jasmer Singh's case (supra). In paragraphs 10 and 11, it was noted as under: 10. The respondents, therefore, in the present appeals who are employed on daily wages cannot be treated as or a par with persons in regular service of the State of Haryana holding similar posts. Daily-rated workers are not required to possess the qualifications prescribed for regular workers, nor do they have to fulfil the requirement relating to age at the time of recruitment. They are not selected in the manner in which regular employees are selected. In other words the requirements for selection are not as rigoro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated the correct position of law. It was noted that the entitlement of the workers concerned was to the extent of minimum wages prescribed for such workers, if it is more than what was being paid to them. 12. A scale of pay is attached to a definite post and in case of a daily wager, he holds no posts. The respondent workers cannot be held to hold any posts to claim even any comparison with the regular and permanent staff for any or all purposes including a claim for equal pay and allowances. To claim a relief on the basis of equality, it is for the claimants to substantiate a clear cut basis of equivalence and a resultant hostile discrimination before becoming eligible to claim rights on a par with the other group vis-a-vis an allege ..... X X X X Extracts X X X X X X X X Extracts X X X X
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