High Court of Chhattisgarh directed State of Chhattisgarh to consider representations of school cooks regarding minimum wage and equal pay for equal work, relying on Supreme Court precedent.
Directed Respondent No. 2 to consider petitioners' representations within 30 days and pass a reasoned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 1629 of 2017
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---- Petitioner
Versus
---- Respondents
| For Petitioners | : | Shri Anshul R. Shrivastava, Advocate |
|---|---|---|
| For Respondent-UOI | : | Shri RK Pandey, Advocate |
| For Respondents-State | : | Shri Arvind Dubey, PL for the State |
Hon'ble Shri Justice Prashant Kumar Mishra
Order On Board
07/04/2017
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day for skilled labourers, therefore, the petitioners are also entitled for such minimum wage.
“ 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 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 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, 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.”
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Judge Prashant Kumar Mishra
ashu
2 issues framed by the court
Whether petitioners entitled to minimum wage or equal pay for equal work as school cooks.
Whether principle of equal pay for equal work applicable to temporary employees.
Colour shows how this judgement treated each authority
State of Punjab & Ors. v. Jagjit Singh & Ors.Relied on¶36
State of Punjab & Ors. v. Jagjit Singh & Ors.
Smt. Lalki Nagesiya and Others
Union Of India
State Of Chhattisgarh
Directorate School Education
The Secretary, Labour Department
The Collector, Balrampur
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
