The petitioner, a daily waged Gardner, sought admission to regular scales under the equal pay for equal work principle. The Court held parity could not be applied due to differing responsibilities between regular cadre employees and temporary daily waged workers.
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CWP No. 756 of 1992
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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CWP No. 756 of 1992 Date of decision: May 2, 2012
Yog Raj s/o Sh.Dittu Ram working as Gardner at Cedar Rest House (Punjab Government), Shimla
....... Petitioner
Versus
State of Punjab through Secretary PWD (B&R) Punjab Chandigarh and another
........Respondents
CORAM:
HON'BLE MR. JUSTICE K. KANNAN
Present:None for the petitioner.
Mr. S. S. Sahu, AAG., Punjab.
K. Kannan, J (oral).
petitioner is a Gardner working on daily wages and his prayer is that he should be admitted to the regular scales applicable for encadred employees as Gardner with the respondent government on the principle of 'equal pay for equal work'. The said principle cannot be applied because the responsibilities that a regular cadre employee bear cannot be treated at par with temporary daily waged workers. This point has been illustrated by several decisions of the Hon'ble Supreme Court and suffice it to refer to the judgment in State of Orissa Vs. Balram Sahu (2003) 1 SCC 250 that examines this proposition and holds that parity in wages could not be
CWP No. 756 of 1992
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granted but they would be only assured of minimum wages.
regard to the limited prayer sought for I have proceeded to dispose of the case on the clear proposition of law laid down by the Supreme Court.
(K. KANNAN) JUDGE
May 2, 2012 archana
1 issue framed by the court
Whether a daily waged Gardner can be admitted to regular scales under the principle of equal pay for equal work.
Colour shows how this judgement treated each authority
State of Orissa Vs. Balram SahuReferred¶18
(2003) 1 SCC 250 · Who else cites this
Yog Raj s/o Sh.Dittu Ram
State of Punjab through Secretary PWD (B&R) Punjab Chandigarh
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
