Madras High Court
R.Rajaselvan vs The State Of Tamil Nadu on 31 January, 2019
Equivalent citations: AIRONLINE 2019 MAD 128
Author: K.K.Sasidharan
Bench: K.K.Sasidharan, G.R.Swaminathan
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.01.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
and
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.24081 of 2018
R.Rajaselvan : Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary,
Public Works Department,
Fort St. George, Secretariat,
Chennai-600 009.
2.The State of Tamil Nadu,
Rep. by its Principal Secretary,
Electricity Department,
Fort St. George, Secretariat,
Chennai-600 009.
3.The State of Tamil Nadu,
Rep. by its Principal Secretary,
Finance Department, Fort St. George,
Secretariat, Chennai-600 009.
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4.The State of Tamil Nadu,
Rep. by its Principal Secretary,
Local Administration Department,
Fort St. George, Secretariat,
Chennai-600 009.
5.The Registrar (Administration),
Madurai Bench of Madras High Court,
Madurai.
6.The Chief Engineer (In Chief),
Public Works Department,
Chennai.
7.The Chief Engineer (Maintenance),
Public Works Department,
Madurai.
8.The Chief Engineer,
TANGEDCO,
Madurai.
9.The District Collector,
Office of the District Collector,
Madurai District.
10.The Executive Engineer,
Highways Department, Madurai.
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11.The Executive Engineer,
Public Works Department,
High Court Division,
Madurai.
12.The Commissioner,
Madurai Corporation,
Madurai.
13.The Executive Engineer,
TANGEDCO,
High Court Division,
Madurai.
14.The Assistant Engineer,
TANGEDCO,
High Court Division,
Madurai.
15.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Health and Family Welfare Department,
Chennai.
[R-15 suo motu impleaded as per the
order of this Court dated 11.01.2019,
in W.P.(MD)No.24081 of 2018]. : Respondents
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PRAYER: Writ Petition is filed under Article 226 of the Constitution
of India praying for the issuance of a Writ of Mandamus, to direct
the respondents;
a. to direct the respondent Nos.1,6,7,11 and 2,8,12,13,14
to maintain the list of Nominal Muster Roll workers (NMRs) and
engage them directly instead of engaging through a Contractor in
the Hon'ble Madurai Bench of Madras High Court.
b. to direct the respondents to discontinue the present
system of appointing a middle man for engaging Nominal Muster
Roll workers (NMRs) in the Hon'ble Madurai Bench of Madras High
Court within the time stipulated by this Hon'ble Court.
c. to direct the respondents to pay the salary of Nominal
Muster Roll workers (NMRs) directly to their Bank account without
the intervention of the middleman within the time stipulated by this
Hon'ble Court.
d. to direct the respondent Nos.1,6,7,11 and 2,8,12,13, 14
to maintain the list of Nominal Muster Roll workers (NMRs)
working in the Hon'ble Madurai Bench of Madras High Court with
correctly indicating their initial date of engagement of work within
the time stipulated by this Hon'ble Court.
e. to direct the respondents to introduce and implement
Bio-metric system of attendance for the Nominal Muster Roll
workers (NMRs) working in the Hon'ble Madurai Bench of Madras
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High Court forthwith.
f. to issue appropriate direction to the respondents to
establish a separate division under the head of an Executive
Engineer to look after the Hon'ble High Court work relating to
Public Works Department within the time stipulated by this Hon'ble
Court.
g. to strictly direct the respondent Nos.1,2,8, 13 and 14 to
directly pay the salary of the Nominal Muster Roll workers (NMRs)
engaged by the Electricity Department in Hon'ble Madurai Bench
of Madras High Court directly by the department instead of paying
it through middleman within the time stipulated by this Hon'ble
Court.
h. to direct the respondent No.12 to directly pay wages to
the people who have recruited through Panchayat and engaged
under the Amma Thittam avoiding middle man within the time
stipulated by this Hon'ble Court.
i. to direct the respondents to immediately take steps to
the workers engaged by the Public Works Department, Electricity
and Madurai Corporation must be paid the very same wages
payable to a person doing similar work in other department/High
Court by adopting the principle 'equal pay for equal work', within
the time stipulated by this Court.
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For Petitioner : Mr.R.Alagumani
For Respondents 1 to 4, 6,7,9to11&15 :
Mr.D.Muruganantham,
Additional Government Pleader
For Respondents 8,13&14 : Mr.S.M.S.Johnny Basha,
For Respondent No.5 : Mr.D.Venkatesh
For Respondent No.12 : Mr.R.Murali
********
ORDER
*********** [Order of the Court was made by K.K.SASIDHARAN, J.] INTRODUCTORY:
The Hon'ble Supreme Court in State of Punjab and others vs. Jagjit Singh and Others [2017(1) SCC 148], held that the temporary employees and more particularly, daily wage employees, adhoc appointees, employees appointed on casual basis and contractual employees are entitled to draw wages at the minimum of the pay scales, which are applicable to the regular employees holding the same post. The legal position in Jagjit Singh was reiterated recently by the Hon'ble Supreme Court on 14 November, 2018, in Sabha Shanker Dube vs. Divisional Forest Officer and others [2018(14) Scale 765]. However, the State of TAmil Nadu is still not prepared to follow the Supreme Court judgment, which is evident from some of the intra-Court appeals http://www.judis.nic.in 7 filed against the orders directing payment of minimum of the pay scale to the daily wage employees and the present practice of giving a paltry sum as wages to the NMRs of all category across the State.
2. The High Court of Madras and the Government of Tamil Nadu are paying a monthly salary of Rs.18413/- to a permanent employee appointed either as sweeper or scavenger. Even though the nature of work is the same, the scavengers and sweepers working inside the High Court building are getting a higher salary than the temporary workers who are doing the very same work just outside the Court building, but inside the High Court campus. The very salary structure is discriminatory and is against the law laid down by the Hon'ble Supreme Court that equal pay for equal work should be the rule.
THE FACTS:
3. The petitioner filed this Writ Petition in pro bono publico to direct the Public Works Department to engage the Nominal Muster Roll workers directly by dispensing with the present system of engaging them through the Contractors and pay http://www.judis.nic.in 8 them the wages by adopting the principle 'equal pay for equal work'.
4. The affidavit filed in support of the Writ Petition contains the details of the method adopted by the Public Works Department for bringing Contractors by nomination basis to ensure that there is no claim for regularization at a later point of time. The Contractors were appointed not by way of a transparent procedure, but by nomination at the discretion of the higher officials of Public Works Department. There are no records maintained by the Public Works Department with regard to the Nominal Muster Roll workers across the State. Though the NMRs appointed to work at the residence of the Hon'ble Judges at the Principal Bench are shown in the records as the employees engaged by the Public Works Department, the NMRs engaged for the Madurai Bench and the other Institutions in the south are all shown as the workers on contract. The NMRs are paid at the rate of Rs.390.50 for male and Rs.352/- for female, notwithstanding the fact that similarly situated employees engaged by the State by way of direct recruitment are paid more.
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5. The Corporation of Madurai engaged workers on consolidated pay basis by paying wages at the rate of Rs.8,000/- per month. Similarly, electrical section of the Public Works Department engaged NMRs for undertaking various works inside the High Court campus and they were paid at the rate of Rs.8,000/- per month. The workers are treated as bonded labourers by paying them a meagre amount and that too, through the Contractor. Even if there is an accident at the work place involving an NMR and he is injured, he would not be paid wages during the period of his absence and he has also to meet all the expenses for his treatment. Since larger public interest was projected in the Writ Petition, we have issued notice to the State of Tamil Nadu and more particularly, the Public Works Department, the Local Administration Department, the Health Department, TANGEDCO, Highways and Madurai Corporation.
6. The Executive Engineer, Public Works Department, Madurai, filed a counter-affidavit admitting the fact that Contractors were appointed on nomination basis and the workers were paid through such Contractors. The Mazdoor Grade I is paid a sum of Rs.390.50 per day. The Mazdoor Grade II is paid Rs.352/- http://www.judis.nic.in 10 per day. The women are paid less, when compared to the male employees. The Executive Engineer admitted the fact that attendance is taken only by the Supervisor appointed by the Contractor and not by the Public Works Department. There is no bio-metric system for recording the attendance and as a result, the Public Works Department has to depend upon the statement submitted by the Contractor for payment of wages. The Executive Engineer, Public Works Department, Madurai, in his report dated 14 December, 2018, submitted that steps would be taken for payment of wages to the NMRs directly through ECS, as done in Chennai immediately. The Executive Engineer has already sent a proposal to the Engineer-in-Chief, for changing the head of account as "Judges Bungalow wages" instead of bungalows "Madurai contract payment", vide proposal dated 14 December, 2018. The proposal is stated to be pending before the Engineer-in-Chief.
7. The Commissioner, Madurai Corporation, in his affidavit, submitted that there are 26 sweepers engaged by the Corporation for undertaking various sanitary works inside the High Court campus and they are paid Rs.8,000/- per month by way of consolidated wages. The Corporation is recording the attendance of all these workers. There is no middleman engaged by the Madurai http://www.judis.nic.in 11 Corporation for supplying labourers unlike the Public Works Department.
8. This Court, taking into account the poor salary structure relating to the consolidated workers, issued certain interim directions on 19 December, 2018, directing the Madurai Corporation to pay the salary, taking into account the wages paid by the Erode Corporation for similar work. The order was complied with by the Madurai Corporation. However, instead of Rs.16,725/- per month, which is the wages prescribed by the Erode Corporation, the Madurai Corporation is now paying only at the rate of Rs.13,650/-, as according to the Corporation, the Erode Corporation adopted a wrong calculation. We have already directed the Madurai Corporation to pay wages at the rate of Rs.16,725/- per month by order dated 19 December, 2018.
9. The High Court Bench at Madurai covers 13 southern districts. There are 19 Bungalows constructed for the Judges, besides the Chief Justice's bungalow. There are residential quarters for the Registrar, Doctor, Overseer and Sergeant. There is also a VIP Guest House and a Food Court functioning inside the High Court campus.
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10. The Government was expected to provide 3 workers on NMR basis to the Hon'ble Judges. The wages would be paid by the Public Works Department. The area of the High Court campus is about 104 Acres and it has got an administrative block, Court block and a separate area earmarked as Residential Block meant for the Hon'ble Judges.
11. Though the Public Works Department was expected to prepare a budget under the caption 'wages/payment of salary to the NMRs engaged to work inside the High Court campus', no such action has been taken. The Public Works Department has been making a request to the Government to sanction a particular amount for paying wages to the employees engaged to work inside the campus. The Public Works Department has also been engaging and disengaging such workers through Contractors appointed without adopting any kind of fair and transparent procedure. Even according to the Public Works Department, the attendance is taken only by the Contractor and not by the officials of the Department. There is no record to show as to whether the salary of the employee, who was absent, was deducted. The Public Works Department has been paying salary, pursuant to the bill raised by http://www.judis.nic.in 13 the Contractor, without verifying as to whether those employees have actually worked on a particular day.
12. There are also other workers deputed by the Madurai Corporation to clean the roads and the adjacent places inside the Campus. The Corporation is also sending lorries to remove the garbage.
13. The workers engaged through the Contractors are paid only a pittance. The sweepers and scavengers appointed by the High Court and working inside the campus and those engaged by the State Government on permanent basis are paid a monthly salary of Rs.18,413/-, which includes the duty pay of Rs.15,700/-, DA of Rs.1,413/-, house rent allowance of Rs.1,000/- and medical allowance of Rs.300/-. We have taken the pay statement of a sweeper and a scavenger employed in the High Court for the month of December, 2018, to ascertain the salary structure of the sweepers/scavengers appointed by the High Court. However, only a sum of Rs.13,000/- is paid as monthly wages to an NMR engaged by the Public Works Department through an artificial Contract system. http://www.judis.nic.in 14
14. The Public Works Department in the counter-affidavit has given an undertaking that they would discontinue the present system of engaging the Contractors and bio-metric system for recording the attendance would be introduced shortly. The Public Works Department has also agreed to pay the wages to the NMRs by RTGS.
15. The Executive Engineer, Public Works Department, Madurai is in-charge of the maintenance works inside the campus. The post of Executive Engineer is vacant from October, 2018 onwards. The Executive Engineer, who is based at Theni, is officiating as the Executive Engineer, Public Works Department at Madurai. The said officer is also functioning as the Executive Engineer (in-charge) of the Madurai High Court Campus. Even though it was agreed that the Executive Engineer would be appointed very soon, efforts were not taken by the Public Works Department so far for making such appointment. There is only a Junior Engineer inside the High Court Campus to oversee the works relating to the Public Works Department. Similarly, the workers attached to the electrical wing are paid only a consolidated sum of Rs.8,000/- per month. Their working hours is http://www.judis.nic.in 15 from 08.30 a.m. to 05.30 p.m. This would show that the NMRs engaged by the Public Works Department and the electrical section are working about 8 hours excluding one hour, for lunch and tea for a meagre sum.
16. The Public Works Department has been paying salary to the NMRs, taking into account two different pay structures one for Chennai and another for Madurai. The NMRs engaged by the Public Works Department at Chennai are paid a little more, taking into account the fact that the Chennai is a Metropolitan City. The DA rate is less, insofar as Madurai is concerned.
17. There is absolutely no justification for paying a meagre sum of Rs.13,000/- per month to the NMRs engaged by the Public Works Department and Rs.8,000/- to the NMRs engaged by the Electrical Wing. They are also doing the very same work, like that of a Sweeper or a sanitary worker engaged by the High Court/Government. There cannot be two different salary structures, one for the staff employed by the High Court/Government, who are working inside the four corners of the High Court or Government Office building and others who are working day and night to preserve the campus and office neat and clean without taking a http://www.judis.nic.in 16 holiday. In case of availing leave, they would not be given wages for the day.
18. The State should be a model employer. The State cannot discriminate its citizens without any rational basis. We are aware that it would not be possible for the State to regularize the service of these NMRs. However, the State should pay the reasonable wages taking into account the similar wages paid to the regular employees who are doing the similar work. We are, therefore, of the view that the State must adopt and implement a fair salary structure to the NMRs. It should be in line with the scale of pay given to the employees engaged on regular basis for doing similar work.
19. The Public Works Department has been engaging and disengaging workers taken on NMR basis. This practice cannot be tolerated. The question of engagement or disengagement would be decided by the Hon'ble Chief Justice or the Administrative Judge posted at Madurai. The Public Works Department or any other authority would not have any right either to engage the employees to work inside the campus or disengage their services. http://www.judis.nic.in 17
20. We have passed series of interim orders which are part and parcel of this final order. The following are those orders:
(a) The order dated 19.12.2018 reads thus:
"In State of Punjab and others vs. Jagjit Singh and Others [2017(1) SCC 148], the Hon'ble Supreme Court held that the temporary employees and more particularly, daily wage employees, adhoc appointees, employees appointed on casual basis and contractual employees are entitled to draw wages at the minimum of the pay scales, which are applicable to the regular employees holding the same post. The legal position in Jagjit Singh was reiterated recently by the Hon'ble Supreme Court on 14 November, 2018, in Sabha Shanker Dube vs. Divisional Forest Officer and others [2018(14) Scale 765]. However, the Madurai Corporation continue to pay a sum of Rs.8,000/- to the workers on consolidated wages, notwithstanding the fact that similarly situated consolidated pay workers engaged by the Erode Corporation are paid Rs. 16,725/- per month. The salary of a sanitary worker employed by the High Court recently is a sum of Rs. http://www.judis.nic.in 18 18,843/- per month. Even though nature of work performed by all these workers is the same, wages structure is discriminatory, notwithstanding the law laid down by the Supreme Court, which is binding on all the authorities in India and the direction issued by the Commissioner of Municipality to revise the consolidated pay, taking into account the minimum wages.
2. This Writ Petition was filed for the grant of several reliefs to the casual labourers and NMRs including equal pay for equal work.
3. Since the consolidated pay employees of Corporation of Madurai are the most affected on account of the low rate of wages paid to them, we consider it fit to pass this interim order, pending disposal of the Writ Petition filed for larger reliefs.
4. The report filed by the Deputy Commissioner, Madurai Corporation shows that there are 26 sweepers deputed to the High Court. There are 196 workers engaged through http://www.judis.nic.in 19 contractors for undertaking sanitary works in various parts of the Corporation.
5. The consolidated pay workers are paid a sum of Rs.8,000/- per month. The NMRs engaged through the contractor are paid the minimum wages fixed by the District Collector, which is around Rs.13,000/-.
6. The consolidated pay workers are not entitled to leave with wages. The only benefit is the payment of salary through bank.
7. The nature of work to be performed by the consolidated pay workers and NMR engaged through the contractor are one and the same. However, when it comes to salary, they are given a different treatment.
8.1. The Madurai Corporation appears to have no concern to the orders issued by the Government to revise the wages for the temporary http://www.judis.nic.in 20 employees under the Local Authorities.
8.2. The Government of Tamil Nadu, as per order in G.O.(2D)No.62, Labour and Employment (J1) Department, dated 11 October, 2017, revised the wages of the temporary employees.
8.3. The Commissioner of Municipalities, Chennai, by letter in Na.Ka.No.13920/2018/J2, dated 16 May, 2018, issued instructions to implement the revision of wages to the employees working in the Corporation.
9. REVISION OF WAGES BY OTHER CORPORATIONS/MUNICIPALITIES:
9.1. The Commissioner, Erode Corporation, as per proceedings in Na.Ka.No.C1/3214/2018, dated 12 November, 2018, revised the wages of employees, who were receiving consolidated pay.
The proceedings shows that sanitary workers were earlier paid a consolidated amount of Rs.2,590/- and a fixed dearness allowance of Rs.150/-. The http://www.judis.nic.in 21 total pay was a sum of Rs.2,740/- per month. The consolidated pay was revised to Rs.13,000/-. The dearness allowance was revised to Rs.3,725/-. The salaries of other categories were increased to Rs. 16,000/-. The consolidated pay of a sanitary worker in the Erode Corporation now is a sum of Rs. 16,725/- per month.
9.2. The salary of sanitary workers was revised in Pudukottai Municipality as per proceedings in Na.Ka.No.3432/2015/E1, dated 31 July, 2018 to Rs.13,725/- per month.
9.3. The consolidated pay of sanitary workers in the Special Grade Municipality of Kancheepuram was revised as per proceedings in Na.Ka.No.5490/2018/E2, dated 09 July, 2018. The consolidated pay as on today is a sum of Rs. 13,725/- per month.
POSITION IN MADURAI CORPORATION:
10. The Corporation of Madurai, by letter dated 12 November, 2018, informed the Federation http://www.judis.nic.in 22 of all the Corporation Employees Union of Tamil Nadu that proceedings of the Commissioner of Municipal Administration dated 27 June, 2018, is applicable only to the daily wages employees directly appointed by the Local Authorities. According to the Corporation, proposal has been sent to the Government for payment of time scale of pay to the consolidated pay employees and action will be taken after receiving orders from the Government.
MADURAI - 'A SMART CITY':
11. Madurai Corporation is declared as a Smarty City. The Central Government has notified the establishment of All India Institute of Medical Science at Thoppur, Madurai. In order to make the City smart, the poor labourers, who are undertaking sanitary works, should be paid reasonable wages. The Smart City project should be evolved for the all round development of not only the City but also its people including the working class.
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12. The Directive Principles of State Policy in Part-IV of the Constitution, and more particularly, Article 43 mandates that the State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities. It so appears that this constitutional provision has no application to the Madurai Corporation.
13. The Government servants and doctors have declared strike for revision of pay scale, even though they are paid salary, taking into account the recommendation of the pay commissions time to time. However, for a Sweeper, who is engaged by the Local Body, who is on the streets from 06.30 a.m., for sweeping and clearing the garbage dumped by the elite people, there is neither a pay commission nor a reasonable pay structure. The basic workers, on fear of loss of wages, accepts the http://www.judis.nic.in 24 meagre daily wages/consolidated pay without protest. Even the present litigation was initiated only by a lawyer to redress the grievances of working class and not by the consolidated pay workers.
14. When other Municipal Corporations and Municipalities are paying revised rates to the sanitary workers, who are on consolidated pay, pursuant to the directions given by the Government, through the Director of Municipalities, Madurai Corporation cannot be heard to say that a special order should be issued to them by the Government for payment of revised pay.
15. The following table indicates the consolidated pay of sanitary workers/sweepers in some of the Corporations and Municipalities:
http://www.judis.nic.in 25 Sl. Name of the present consolidated Corporation/Municipality pay per month No. (Rs.)
1. Erode Corporation 16,725/-
[Revised as per proceedings in Na.Ka.No.C1/3214/2018, dated 12 November, 2018] 2. Pudukottai Municipality 13,725/- [Revised as per proceedings in Na.Ka.No.3432/2015/E1, dated 31 July, 2018] 3. Kancheepuram Municipality 13,725/- [Revised as per proceedings in Na.Ka.No.5490/2018/E2, dated 09 July, 2018] 4. Madurai Corporation (i) for consolidated pay workers 8,000/- (ii) for NMRs 13,000/- 16. The above table shows that the Madurai Corporation is the poor pay master,
notwithstanding the declaration of the city as a 'Smarty City'.
17. The Madurai Corporation is a major Municipal Corporation. When compared to the http://www.judis.nic.in 26 Revenue, Madurai is far ahead of Erode Corporation. The Municipal Corporation, like Madurai should at least pay the consolidated pay, taking into account the pay structure prevailing in Erode Corporation. We are, therefore, of the view that the employees of Madurai Corporation, who are on consolidated pay, are entitled to the consolidated pay at the rate of Rs.16,725/- per month [pay Rs.13,000/- + DA Rs.3,725/-].
18. The workers on consolidated pay working inside the High Court Campus must record attendance before 06.30 a.m., before the Corporation Office and it is bio-metric. However, their working time is only between 08.30 a.m., and 05.00 p.m., with break. Because of this uniform system of taking attendance through Bio-metric system between 06.00 a.m., and 06.30 a.m., even the workers, who have to report for duty inside the High Court Campus at 08.30 a.m., are compelled to undertake journey to the Corporation Office everyday at 06.00 a.m., and, thereafter, to return to http://www.judis.nic.in 27 their Houses and once again, to proceed to work at 08.30 a.m. This is a matter of serious concern.
19. In view of the violation of the Supreme Court judgment regarding equal pay for equal work and taking into account the direction issued by the Commissioner of Municipalities and the pay structure sanctioned in Erode Corporation, we issue the following directions to the Corporation of Madurai pending disposal of the Writ Petition:
"(i) The workers engaged by the Madurai Corporation and classified under the head "consolidated pay workers" should be given a consolidated pay of Rs.16,725/- per month in tune with the consolidated pay paid by the Erode Corporation. The revised wages should be paid from the month of December, 2018 by RTGS/Bank transfer.
(ii) The 26 sweepers working in the High Court Campus should be permitted to sign the attendance register maintained by the Supervisor appointed by the Madurai Corporation http://www.judis.nic.in 28 to supervise the work inside the campus forthwith. They should report for duty at 08.30 a.m. and sign the register available with the Supervisor stationed at the High Court Campus from 21 December, 2018 onwards. The register should be verified and certified by the concerned officials of the Corporation once in a week.
20. Post on 03 January, 2019 for filing compliance report by the Commissioner, Corporation of Madurai."
(b) The order dated 11 January, 2019, reads thus:
The Traffic Police has erected a signal in front of the High Court. The same is yet to be made functional.
2. We direct the Deputy Commissioner of Police (Traffic), Madurai, to make the said signal operational during the peak hours. The Deputy Commissioner shall post Traffic Police Constables to man the traffic in front of the High Court. It is open to the Deputy Commissioner to fix the timings, taking into account, the volume of traffic. However, it should be ensured that http://www.judis.nic.in 29 Traffic Policemen are posted in front of the High Court at least from 09.00 a.m. to 07.00 p.m., with appropriate intervals. The signal shall be made functional with effect from 18 January, 2019.
3. The motorists from Ulaganeri Bus stop are now using the one way road to come over to the High Court side, after the closure of the opening on the median, opposite to the petrol outlet. Even the employee and NMRs working in the High Court are violating the one way rule. The Police must book those who are violating the one way rule and fine should be collected from them, in case of repeated violations.
4. The area abutting the High Court compound on the Melur Road in both sides shall be a non-parking zone.
5.There are 77 Nominal Muster Roll employees working in the High Court.
These workers should not be disengaged except for valid reasons and with the permission of the Hon'ble the Chief Justice/Administrative Judge. Those employees, who were disengaged and those http://www.judis.nic.in 30 who left the work earlier, shall not be engaged again on any count. The following are the NMRs engaged by the Public Works Department:
1. S.Raj
2. R.Pandiammal
3. K.Sivakami
4. D.Revathy
5. T.Guruvammal
6. K.Ramalakshmi
7. M.Jegatha
8. M.Rajeswari
9. P.Poojaimani
10. P.Panju
11. M.Panjavaranam
12. P.Backiyalakshmi
13. T.Lakshmi
14. N.Veeranan
15. S.Suloksana
16. A.Pitchai
17. P.Vanisri
18. M.Rani
19. B.Saraswathi
20. A.Shanthi
21. K.Muthurakku
22. G.Palaniammal
23. V.Seeniammal
24. U.Rakku http://www.judis.nic.in 31
25. R.Murugalakshmi
26. K.Mookammal
27. P.Parvathi
28. N.Kavitha
29. S.Manjamalai
30. A.Thenmozhi
31. G.Aayee
32. P.Duraipandi
33. T.Parameswari
34. P.Raja
35. V.Sumathi
36. N.Subbulakshmi
37. M.Kannan
38. M.Kannan (Plumber)
39. R.Kannan
40. R.Srinivasaramanan
41. P.Anbarasan
42. M.Paramasivam
43. A.Balaguru
44. A.Muthukumar
45. P.Shankar
46. R.Muthukumar
47. S.Ganeshpandian
48. N.Ramkumar
49. C.Karuppiah
50. B.Kamaladevi
51. T.Thiruselvi
52. R.Rajkumar
53. V.Pandiyaraj http://www.judis.nic.in 32
54. M.Selvaganesh
55. K.Senthilkumar
56. R.Muthu Mani Raja
57. D.Nagaraj
58. G.Ramar
59. S.Seenithai
60. M.Mahamuni
61. K.Mookiah
62. R.Sundravalli
63. T.Ramesh
64. M.Muthuvel
65. P.Valividummurugan
66. V.Logeswaran
67. U.Boominathan
68. P.Silambarasan
69. R.Munishwaran
70. K.Muthukumaresan
71. N.Krishnakumar
72. A.Samikannu
73. K.Deivanai
74. Gurulakshmi
75. M.Balamurugan
76. S.Karikalan
77. K.Manickam
6. There is a complaint that very often the near relatives of the High Court employees/already engaged http://www.judis.nic.in 33 NMRs are again engaged, thereby, denying employment to others. We are informed that the relatives of the High Court staff wanted only the office job and are not prepared to do field work.
The practice of engaging near relatives of High Court employees who are in service and the NMRs on roll should be discontinued to the extent possible.
7. There are two NMRs functioning in the Office of the Public Works Department inside the Campus, besides two Supervisors, who are also NMRs. There shall not be any more engagement in the office of the Public Works Department.
8. The Public Works Department has already taken the inventory of articles/utensils/furniture supplied to the Hon'ble Judges' http://www.judis.nic.in 34 Bungalows. When there is a change of the Hon'ble Judges for whatever reason, the Office Assistant attached to the residence must hand over the articles to the Office Assistant, who is attached to the incoming Hon'ble Judges on acknowledgement. The Public Works Department shall keep the inventory for reference.
9. The Public Works Department is directed to post at least one NMR per Bungalow, who would continue to work even after the expiry of the term of the Hon'ble Judge at Madurai. This would help the Public Works Department to keep the Bungalow and premises in a good condition.
10. The Government must construct an office and godown for the Public Works Department inside the http://www.judis.nic.in 35 Campus. This would help not to stack the old furniture and other articles inside the High Court building.
11. There should be a separate head in the Budget for "wages". The present practice of keeping a common head for maintenance and wages must be discontinued with effect from the financial year 2019-2020.
12. The water tanks inside and outside the High Court Campus should be cleaned every week. The Overseer would be personally responsible, in case the tanks are not cleaned periodically.
13. The Registrar (Administration) must reside inside the campus and he should be made available on Holidays also. He should not leave the campus except for urgent personal or administrative work.
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14. Even though the direction was to pay a sum of Rs.16,725/- per month, the Madurai Corporation is paying only a sum of Rs.13,650/- to the consolidated pay workers. We direct the Corporation to comply with our order dated 19 December, 2018 in its letter and spirit by sanctioning wages at the rate of Rs.16,725/- per month forthwith.
15. We suo motu implead the State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health and Family Welfare Department, Chennai, as respondent No.15 to the Writ Petition.
16. Post on 31 January, 2019 "for orders".
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21. The removal of garbage and sewage water is a main issue inside the High Court campus. The Madurai Corporation has been sending lorries on a daily basis for removal of garbage and the sewage water. There are two canteens inside the High Court campus besides the Food Court. The untreated water discharged by the canteens very often got mixed with the water pipes. It is a common practice inside the campus that the sewage water would stagnate for days together till it is removed by the Corporation by deputing its employees and machine. The Commissioner, Madurai Corporation made a suggestion that a treatment plant could be installed inside the campus for treatment of sewage water and for its re-use. The Registry must prepare a blue print for this project and a proposal to that effect should be placed before the Hon'ble the Chief Justice for approval. This would address the long pending need of the Madurai Bench, as it is very often found that the waste water is stagnated which give rise to diseases like dengue. We, therefore, direct the Registrar (Administration), Madurai Bench, to look into the matter in consultation with the Experts on the subject and put up a proposal for installation of sewage treatment plant to the Hon'ble Chief Justice for passing appropriate orders. http://www.judis.nic.in 38
22. The Government must sanction one post of Executive Engineer to take care of the work relating to the Madurai Bench of the High Court. Such exercise shall be completed on or before 31 March, 2019. A separate section for maintenance of the High Court building shall be created. The post of Executive Engineer, which is vacant, should be filled up within two weeks, as there is no regular Executive Engineer now to take care of the maintenance work inside the Campus.
23. The Government must provide rain harvesting system in the Bungalows of the Hon'ble Judges for enhancing the ground water table.
24. There is only a dispensary functioning now inside the Campus. When a suggestion was made to the Health Department to make it functional through out the day, it was submitted that in such a case, there should be a hospital with shift system. We direct the Government to sanction a full-fledged dispensary/hospital inside the campus. The building shall be constructed in such a way that even the local people should be in a position to avail the medical facilities in the hospital. http://www.judis.nic.in 39
25. There is absolutely no dispute that the NMRs engaged by the Public Works Department irrespective of classification are doing the very same work undertaken by the regularly appointed sweepers/scavengers. The work is equal. However, pay is unequal. Some of the employees have been working since 01 November, 2003. The regular employees are entitled to all kinds of benefits and they are working only five days in a week. However, that is not the case of an NMR. The NMRs would be paid only in case they actually work. They are not entitled to medical leave or any kind of privilege prescribed under the Labour Laws. Their weak bargaining power and the poor financial condition are taken advantage of by the State to extract work and pay them wages less than the minimum wages.
26. The following salary slips of two employees of the High Court working as sweeper and scavenger contain the details of the salary paid to a permanent employee:
http://www.judis.nic.in 40 Madurai Bench of Madras High Court, Madurai. Emp Code (CPS) No.7000358541/JUDL Emp Name: VADIVEL MURUGAN V Designation : Sweeper Level: Index : Pay Slip for December, 2018 DUES AMOUNT DEDUCTION AMOUNT INSTL.NO. NSD AMOUNT DEDUCTION Duty Pay 15700 CPS 1711 Chief 100 (Basic Regular Justice Pay) Relief Fund Dearness 1413 Family 60 Staff 25 Benefit Association Allowance Fund Fund House 1000 Festival 500 2/10 Madurai 981 Rent Advance City Police Allowance LIC City 180 New 180 Compensa Health
-tory Insurance Allowance Scheme Medical 300 Special 70 11/359 Allowance Provident Fund 2000 Other 50 Allowance Washing 200 Allowance Total Dues 18843 Total 2521 Total NSD 1106 Deduction Deduction BILL NET PAY 15216 Rs. Fifteen Thousand Two Hundred Sixteen Only
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Date:21/12/2018 Token:6256 Gross:3241577 Net:2504891 PAO/Treasury:SPAO (HC BENCH) MDU MICR CODE:625019020-INDIAN BANK- HIGH COURT BRANCH MADURAI::
Account No.:91569533 Bill Description : Bill No. VI http://www.judis.nic.in 41 Madurai Bench of Madras High Court, Madurai. Emp Code (CPS) No.7000358879/JUDL Emp Name: SIVARASU K Designation : Scavenger Level: Index : Pay Slip for December, 2018 PAN No: CRRPS9461B DUES AMOUNT DEDUCTION AMOUNT INSTL.NO. NSD AMOUNT DEDUCTION Duty Pay 15700 CPS 1711 Chief 100 (Basic Regular Justice Pay) Relief Fund Dearness 1413 Family 60 Staff 25 Benefit Association Allowance Fund Fund House 1000 Festival 500 2/10 Rent Advance Allowance City 180 New 180 Compensa Health
-tory Insurance Allowance Scheme Medical 300 Special 70 11/376 Allowance Provident Fund 2000 Other 50 Allowance Washing 200 Allowance Total Dues 18843 Total 2521 Total NSD 125 Deduction Deduction BILL NET PAY 16197 Rs. Sixteen Thousand One Hundred Ninety Seven Only
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27. Since the State failed to implement the direction of the Hon'ble Supreme Court in the matter of equal pay for equal http://www.judis.nic.in 42 work, we are of the view that appropriate directions should be issued for early compliance.
SUMMARY OF DIRECTIONS:
28. We issue the following directions:
(1) We direct the State of Tamil Nadu to follow strictly the law laid down by the Hon'ble Supreme Court in State of Punjab and others vs. Jagjit Singh and Others [2017(1) SCC 148] and Sabha Shanker Dube vs. Divisional Forest Officer and others [2018(14) Scale 765] that daily wage employees, casual and contract employees are entitled to draw wages at the minimum of the pay scales, which are applicable to the similarly placed regular employees.
(2) In order to comply with the law laid down by the Hon'ble Supreme Court by upholding the principle 'equal pay for equal work',
(a) We direct the Public Works Department to pay wages to the NMRs, daily wage employees, temporary employees and casual workers at the minimum of the pay scale, which are applicable to the regular employees holding the same post across the http://www.judis.nic.in 43 State.
(b) The Public Works Department is directed to pay the salary of sweepers employed by the High Court and the State viz., Rs.18,843/- to the NMRs both civil and electrical including radio section/wing across the State with effect from 01 February, 2019. In short, the NMRs, daily rated, casual and temporary workers across the State must be paid Rs.18,843/- per month as wages, which is the present salary of a sweeper/scavenger in the State Government service and the High Court service.
(c) We direct the first respondent to issue a Government order on or before 22 February, 2019 sanctioning the minimum scale of pay to the NMRs irrespective of classification, daily wage employees and casual workers across the State, which should be the pay scale of the sweeper/scavenger in Government/High http://www.judis.nic.in 44 Court service.
(d) We direct the fourth respondent to issue a Government Order prescribing the wage structure of temporary/casual/daily wage employees of all the Corporations, Municipalities and Panchayats across the State, taking into account the pay scale of regular employees under the respective Local Body, by 22 February, 2019.
(e) We direct the State to dispense with the present practice of engaging NMRs through Contractors. The Public Works Department must maintain a register containing the names of NMR, casual, temporary and daily wage employees.
(f) The salary shall be credited by RTGS/ECS in the respective account of the NMR/casual/temporary/daily wage employees.
(g) The Government must introduce Bio-metric system for recording the attendance of NMRs and other daily http://www.judis.nic.in 45 rated/temporary workers across the State as expeditiously as possible. Insofar as the High Court Bench at Madurai is concerned, Bio-metric system shall be introduced with effect from 01 April, 2019.
(h) We direct the State to establish a full-fledged 24x7 dispensary/hospital inside the Campus of the High Court Bench at Madurai. The building for the Hospital should be constructed in such a way that even the local people must be in a position to avail the medical facilities from the said hospital. We direct the respondent No.15 to pass appropriate orders in the matter on or before 22 February, 2019.
(i) We direct the State to establish a separate wing for the maintenance of the High Court Bench at Madurai under an Executive Engineer, whose office must be constructed and located inside the Campus.
(j) We direct the Engineer-in-Chief, Public Works Department, to approve the http://www.judis.nic.in 46 proposal dated 14 December, 2018 submitted by the Public Works Department, Madurai, for changing the head of account as "Judges Bungalow wages" on or before 22 February, 2019.
29. We direct the respondents 1,4, 6 and 15 to file a report of compliance before the Registry by 26 February, 2019.
30. The Writ Petition is disposed of with the above direction. No costs.
[K.K.SASIDHARAN, J.] & [G.R.SWAMINATHAN, J.] 31.01.2019 Index : Yes/No Internet : Yes/No Note to office:
Registry is directed to
(i) issue order copy by 04.02.2019.
(ii) post on 26 February, 2019, for filing compliance report.
SML http://www.judis.nic.in 47 To
1.The Principal Secretary, State of Tamil Nadu, Public Works Department, Fort St. George, Secretariat, Chennai-600 009.
2.The Principal Secretary, State of Tamil Nadu, Electricity Department, Fort St. George, Secretariat, Chennai-600 009.
3.The Principal Secretary, State of Tamil Nadu, Finance Department, Fort St. George, Secretariat, Chennai-600 009.
4.The Principal Secretary, State of Tamil Nadu, Local Administration Department, Fort St. George, Secretariat, Chennai-600 009.
5.The Registrar (Administration), Madurai Bench of Madras High Court, Madurai.
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6.The Chief Engineer (In Chief), Public Works Department, Chennai.
7.The Chief Engineer (Maintenance), Public Works Department, Madurai.
8.The District Collector, Office of the District Collector, Madurai District.
9.The Executive Engineer, Highways Department, Madurai.
10.The Executive Engineer, Public Works Department, High Court Division, Madurai.
11.The Principal Secretary to Government, The State of Tamil Nadu, Health and Family Welfare Department, Chennai.
http://www.judis.nic.in 49 K.K.SASIDHARAN, J.
and G.R.SWAMINATHAN, J.
SML Order made in W.P.(MD)No.24081 of 2018 Dated: 31.01.2019 http://www.judis.nic.in