Central Administrative Tribunal - Delhi
Deepak Shukla vs Govt. Of Nctd on 25 October, 2024
1
Item No. 73/ C-5
O.A. No.1829/2020
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No.1829/2020
Reserved on: 16.10.2024
Pronounced on: 25.10.2024
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
Deepak Shukla, aged 30 years,
S/o Sh. Ravinder Kumar Shukla,
Working as Computer Teacher on Contract basis in Govt.
Lady Noyce Senior Secondary School for the Deaf,
Department of Social Welfare,
Delhi Gate, Delhi-2 r/o 308,
Kucha sanjogi Ram, Naya Bass,
Delhi-6.
...Applicant
(By Advocate: Mr. Yogesh Sharma)
Versus
1. Govt. of NCT of Delhi through the Chief Secretary,
Govt. of NCT of Delhi,
New Sectt. Near ITO,
New Delhi.
2. The Director, Directorate of Social Welfare,
Govt. of NCT of Delhi, GLNS Complex,
Delhi Gate,
New Delhi.
3. The Principal, Govt. Lady Noyce Senior Secondary School
for the Deaf,
Department of Social Welfare,
Delhi Gate,
Delhi-2
...Respondents
(By Advocate: Mr. Anuj Kumar Sharma)
2
Item No. 73/ C-5
O.A. No.1829/2020
ORDER
By Hon'ble Mr. Manish Garg, Member (J):
This is the second round of litigation. In the first round of litigation, the applicant filed OA No. 3727/2015 before this Tribunal. Vide order dated 30.05.2019, this Tribunal disposed of the said OA with the following directions:
6. In the aforesaid facts and circumstances, the O.A. is disposed of with liberty to the applicant to make a comprehensive representation within two weeks from the date of receipt of a certified copy of this order and, in case, such a representation is received by the respondents, the Respondent No. 2 is directed to consider such representation and pass an appropriate reasoned and speaking order. The respondents are further directed to release the monthly consolidated salary of the applicant within four weeks from the date of receipt of a certified copy of this order, if there is no other legal impediment in the way of making such a payment. It is further directed that, if at all, the respondents find that there is any legal impediment in making actual payment of the salary of the applicant they are directed to communicate the reasons to the applicant within the said four weeks from the date of receipt of a certified copy of this order. The respondents are further directed that if the applicant's services are being availed by them, they should ensure that the applicant is paid his admissible salary in time, every month."
2. By virtue of the impugned order dated 23.09.2020, the applicant's request for enhancement of pay has been rejected. It is not disputed that the applicant has been working as a part-time contractual employee on a consolidated salary of Rs. 6000/- per month since 28.03.2012 despite the respondents' own Order dated 05.08.2011 which provides benefits to full-time contractual appointees. The said order, reads as under:-
3Item No. 73/ C-5 O.A. No.1829/2020 "In continuation of this office order No. F.76(358- A)/DSW/ICDS/07- 08/P-1/9705-9798 dated 19 July, 2011, the salary (Fixed amount) from Rs. 4000/- to Minimum pay in pay band for the post+Grade Pay+DA may be read as the salary (fixed amount Rs.10570/-) equal to amount minimum pay of pay band of scale of Rs.5200-20200+Grade Pay Rs.1800/-+DA @ 51% (as ori 01-06-2011) applicable w.e.f. 01-01-2011 i.e. Rs 3570/- (Rs.5200/- +Rs.1800/-+Rs.3570/- = Rs.10570/-)."
3. Learned counsel for the respondents opposed the grant of relief. He relied on the averments contained in the counter reply and submitted as under:
3.1. Learned counsel for the respondents had submitted that the applicant is working as a part-time contractual computer teacher and has prayed for the grant of pay and allowances, as are payable to a full time computer teacher (on contract), along with arrears of pay and allowances.
However, it is submitted that there is no full time contractual computer teacher, teaching at his institute, hence, the question of drawing comparisons in the nature of duties discharged, does not arise, and consequently, the question of parity of pay does not arise.
3.2. Learned counsel for the respondents further submitted that vide order dated 28.03.2012, the competent authority was pleased to engage one part time computer teacher on consolidated salary of Rs.6000/-PM, and the same was done as per codal formalities and directions of the Finance Deptt., GNCTD, hence, it is submitted that the 4 Item No. 73/ C-5 O.A. No.1829/2020 applicant's reliance on Finance Deptt.'s order dated 20.07.2010, for seeking pay and allowances as available to full time contractual persons, even otherwise is not applicable to the present case, as the Finance deptt. was duly consulted in this regard.
3.3. Learned counsel for the respondents argued that the applicant is merely working as a part time person and exerting only 3.5 - 4 Hrs of work each day. The applicant has tried to seek parity with contractual Welfare Officers, in pay and allowances, however, the same cannot be done, because the nature of duties and responsibilities attached to that post are completely different. There exist no other contractual computer teacher, working full time, at the said Institute, hence, the applicant has no one to compare his case to, and hence, the applicant has no basis for proving parity with the nature of duties assigned to him, with that of any other full time contractual teacher. In any case it is submitted that a confirmed TGT at the institute, discharges more than 8 hrs of work each day alongwith attending training modules, and other activities, over and above what the applicant is discharging.
3.4. Learned counsel for the respondents further argued that principle of 'equal pay for equal work', was clarified by 5 Item No. 73/ C-5 O.A. No.1829/2020 the Hon'ble Supreme Court in 'State of Punjab v/s Jagjit Singh' CA/213/2013, and it was stated as under:
"42. All the judgments noticed in paragraphs 7 to 24 hereinabove, pertain to employees engaged on regular basis, who were claiming higher wages, under the principle of 'equal pay for equal work'. The claim raised by such employees was premised on the ground, that the duties and responsibilities rendered by them, were against the same post for which a higher pay-scale was being allowed, in other Government departments. Or alternatively, their duties and responsibilities were the same, as of other posts with different designations, but they were placed in a lower scale. Having been painstakingly taken through the parameters laid down by this Court, wherein the principle of 'equal pay for equal work' was invoked and considered, it would be just and appropriate, to delineate the parameters laid down by this Court. In recording the said parameters, we have also adverted to some other judgments pertaining to temporary employees (also dealt with, in the instant judgment), wherein also, this Court had the occasion to express the legal position with reference to the principle of 'equal pay for equal work'. Our consideration, has led us to the following deductions:
(1) The 'onus of proof, of parity in the duties and responsibilities of the subject post with the reference post, under the principle of 'equal pay for equal work', lies on the person who claims it. He who approaches the Court has to establish, that the subject post occupied by him, requires him to discharge equal work of equal value, as the reference post (see-the Orissa University of Agriculture & Technology case MANU/SC/0318/2003: (2003) 5 SCC 188, Union Territory Administration, Chandigarh v. Manju Mathur MANU/SC/0052/2011: (2011) 2 SCC 452, the Steel Authority of India Limited case MANU/SC/1131/2010: (2011) 11 SCC 122, and the National Aluminum Company Limited MANU/SC/0431/2014: (2014) 6 SCC 756). case
ii) The mere fact that the subject post occupied by the claimant, is in a "different department" vis-a-vis the reference post, does not have any bearing on the determination of a claim, under the principle of 'equal pay for equal work'. Persons discharging identical duties, cannot be treated differently, in the matter of their pay, merely because they belong to different departments of Government (see-the 6 Item No. 73/ C-5 O.A. No.1829/2020 Randhir Singh case MANU/SC/0234/1982: (1982) 1 SCC 618, and the D.S. Nakara case (1983) 1 SCC
304).
(iii) The principle of 'equal pay for equal work', applies to cases of unequal scales of pay, based on no classification or irrational classification (see-the Randhir Singh case MANU/SC/0234/1982: (1982) 1 SCC 618). For equal pay, the concerned employees with whom equation is sought, should be performing work, which besides being functionally equal, should be of the same quality and sensitivity (see-the Federation of All India Customs and Central Excise Stenographers (Recognized) case MANU/SC/0155/1988: (1988) 3 SCC 91, the Mewa Ram Kanojia case MANU/SC/0316/1989: (1989) 2 SCC 235, the Grih Kalyan Kendra Workers' Union case MANU/SC/0287/1991: (1991) 1 SCC 619 and the S.C. Chandra case MANU/SC/3501/2007: (2007) 8 SCC 279).
(iv) Persons holding the same rank/designation (in different departments), but having dissimilar powers, duties and responsibilities, can be placed in different scales of pay, and cannot claim the benefit of the principle of 'equal pay for equal work' (see-the Randhir Singh case MANU/SC/0234/1982: (1982) 1 SCC 618, State of Haryana v. Haryana Civil Secretariat Personal Staff Association MANU/SC/0576/2002: (2002) 6 SCC 72, and the Hukum Chand Gupta case MANU/SC/0970/2012: (2012) 12 SCC 666). Therefore, the principle would not be automatically invoked, merely because the subject and reference posts have the same nomenclature.
(v) In determining equality of functions and responsibilities, under the principle of 'equal pay for equal work', it is necessary to keep in mind, that the duties of the two posts should be of equal sensitivity, and also, qualitatively similar. Differentiation of pay-
scales for posts with difference in degree of responsibility, reliability and confidentiality, would fall within the realm of valid classification, and therefore, pay differentiation would be legitimate and permissible (see-the Federation of All India Customs and Central Excise Stenographers (Recognized) case MANU/SC/0155/1988: (1988) 3 SCC 91 and the State Bank of India case MANU/SC/0331/2002:
(2002) 4 SCC 556). The nature of work of the subject post should be the same and not less onerous than the reference post. Even the volume of work should be the same. And so also, the level of responsibility.
If these parameters are not met, parity cannot be claimed under the principle of 'equal pay for equal work' (see-State of U.P. v. J.P. Chaurasia 7 Item No. 73/ C-5 O.A. No.1829/2020 MANU/SC/0502/1988: (1989) 1 SCC 121, and the Grih Kalyan Kendra Workers' Union case MANU/SC/0287/1991: (1991) 1 SCC 619).
(vi) For placement in a regular pay-scale, the claimant has to be a regular appointee. The claimant should have been selected, on the basis of a regular process of recruitment. An employee appointed on a temporary basis, cannot claim to be placed in the regular pay-scale (see-the Orissa University of Agriculture & Technology case MANU/SC/0318/2003: (2003) 5 SCC 188).
(vii) Persons performing the same or similar functions, duties and responsibilities, can also be placed in different pay-scales. Such as-'selection grade', in the same post. But this difference must emerge out of a legitimate foundation, such as-merit, or seniority, or some other relevant criteria (see-
State of U.P. v. J.P. Chaurasia MANU/SC/0502/1988: (1989) 1 SCC 121).
(viii) If the qualifications for recruitment to the subject post vis-a-vis the reference post are different, it may be difficult to conclude, that the duties and responsibilities of the posts are qualitatively similar or comparable (see- the Mewa Ram Kanojia case MANU/SC/0316/1989 : (1989) 2 SCC 235, and Government of W.B. v. Tarun K. Roy MANU/SC/0945/2003: (2004) 1 SCC 347). In such a cause, the principle of 'equal pay for equal work', cannot be invoked.
(ix) The reference post, with which parity is claimed, under the principle of 'equal pay for equal work', has to be at the same hierarchy in the service, as the subject post. Pay-scales of posts may be different, if the hierarchy of the posts in question, and their channels of promotion, are responsibilities different. Even if the duties and are same, parity would not be permissible, as against a superior post, such as a promotional post (see-Union of India v. Pradip Kumar Dey MANU/SC/0675/2000: (2000) 8 SCC 580, and the Hukum Chand Gupta case MANU/SC/0970/2012: (2012) 12 SCC 666).
(x) A comparison between the subject post and the reference post, under the principle of 'equal pay for equal work', cannot be made, where the subject post and the reference post are in different establishments, having a different management. Or even, where the establishments are in different geographical locations, though owned by the same master (see-the Harbans Lal case MANU/SC/0212/1989: (1989) 4 SCC 459). Persons engaged differently, and being paid out of different 8 Item No. 73/ C-5 O.A. No.1829/2020 funds, would not be entitled to pay parity (see-
Official Liquidator v. Dayanand MANU/SC/4591/2008: (2008) 10 SCC 1).
(xi) Different pay-scales, in certain eventualities, would be permissible even for posts clubbed together at the same hierarchy in the cadre. As for instance, if the duties and responsibilities of one of the posts are more onerous, or are exposed to higher nature of operational work/risk, the principle of 'equal pay for equal work' would not be applicable. And also when, the reference post includes the responsibility to take crucial decisions, and that is not so for the subject post (see-the State Bank of India case MANU/SC/0331/2002: (2002) 4 SCC 556).
(xii) The priority given to different types of posts, under the prevailing policies of the Government, can also be a relevant factor for placing different posts under different pay-scales. Herein also, the principle of 'equal pay for equal work' would not be applicable (see-State of Haryana v. Haryana Civil Secretariat Personal Staff Association MANU/SC/0576/2002:
(2002) 6 SCC 72).
(xiii) The parity in pay, under the principle of 'equal pay for equal work', cannot be claimed, merely on the ground, that at an earlier point of time, the subject post and the reference post, were placed in the same pay- scale. The principle of 'equal pay for equal work' is applicable only when it is shown, that the incumbents of the subject post and the reference post, discharge similar duties and responsibilities (see-State of West Bengal v. West Bengal Minimum Wages Inspectors Association MANU/SC/0165/2010: (2010) 5 SCC 225).
(xiv) For parity in pay-scales, under the principle of 'equal pay for equal work', equation in the nature of duties, is of paramount importance. If the principal nature of duties of one post is teaching, whereas that of the other is non-teaching, the principle would not be applicable. If the dominant nature of duties of one post is of control and management, whereas the subject post has no such duties, the principle would not be applicable. Likewise, if the central nature of duties of one post is of quality control, whereas the subject post has minimal duties of quality control, the principle would not be applicable (see-Union Territory Administration, Chandigarh v. Manju Mathur MANU/SC/0052/2011 : (2011) 2 SCC 452).
(xv) There can be a valid classification in the matter of pay-scales, between employees even holding posts with the same nomenclature l.e., between those discharging duties at the headquarters, and Ors.9
Item No. 73/ C-5 O.A. No.1829/2020 working at the institutional/sub-office level (see-the Hukum Chand Gupta case MANU/SC/0970/2012:
(2012) 12 SCC 666), when the duties are qualitatively dissimilar.
(xvi) The principle of 'equal pay for equal work' would not be applicable, where a differential higher pay-
scale is extended to persons discharging the same duties and holding the same designation, with the objective of ameliorating stagnation, or on account of lack of promotional avenues (see-the Hukum Chand Gupta case MANU/SC/0970/2012: (2012) 12 SCC
666).
(xvii) Where there is no comparison between one set of employees of one organization, and another set of employees of a different organization, there can be no question of equation of pay-scales, under the principle of 'equal pay for equal work', even if two organizations have a common employer. Likewise, if the management and control of two organizations, is with different entities, which are independent of one another, the principle of 'equal pay for equal work' would not apply (see-the S.C. Chandra case MANU/SC/3501/2007 : (2007) 8 SCC 279, and the National Aluminum Company Limited case MANU/SC/0431/2014: (2014) 6 SCC 756)".
It is submitted that the applicant falls under none of the parameters and has no benchmark to compare his case to, and hence his pay and allowances cannot be revised."
3.5 Learned counsel for the respondents relied upon the decision rendered by the Hon'ble Supreme Court in the State of Rajasthan and Ors. vs. Daya Lal, CA No. 486/2011 the relevant portion of which reads as follows:
"(v) Part time temporary employees in government run institutions cannot claim parity in salary with regular employees of the government on the principle of equal pay for equal work. Nor can employees in private employment, even if serving full time, seek parity in salary with government employees. The right to claim a particular salary against the State must arise under a contract or under a statute."10
Item No. 73/ C-5 O.A. No.1829/2020 3.6 The learned counsel for the respondents vehemently argued that the applicant is employed as a part-time person and he is free to seek employment elsewhere, if he is dissatisfied.
4. The Learned counsel for the applicant has urged that the applicant has been working as a part-time computer teacher for the past 20 years and is now 35 years of age.
Now he has become overage and cannot seek employment elsewhere. The applicant should be accorded benefit of enhanced pay on pro-rata basis as per the cost of living index.
5. We have heard the learned counsel for the applicant and perused the pleadings available on record.
6. The issue to be addressed is whether the part-timer, under a contract, is entitled for grant of enhanced rate of remuneration?
7. ANALYSIS :
7.1 In order to examine the aforesaid issue, we would like to refer to the following Labour Law Legislation prevalent in our country for grant of wages:11
Item No. 73/ C-5 O.A. No.1829/2020 7.2 "THE PAYMENT OF WAGES ACT, 1936 : An Act to regulate the payment of wages of certain classes of employed persons.
"Section 2 (vi) "wages" means all remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes--
(a) any remuneration payable under any award or settlement between the parties or order of a Court;
(b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
(c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
(e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force, but does not include--
(1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court;
(2) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of 2[appropriate Government]; (3) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
(4) any travelling allowance or the value of any travelling concession;
(5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or (6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d).] 12 Item No. 73/ C-5 O.A. No.1829/2020
3. [ Responsibility for payment of wages .-(1) Every employer shall be responsible for the payment of all wages required to be paid under this Act to persons employed by him and in case of persons employed,-
(a)in factories, if a person has been named as the manager of the factory under clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948);
(b)in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishment;
(c)upon railways (other than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned;
(d)in the case of contractor, a person designated by such contractor who is directly under his charge; and
(e)in any other case, a person designated by the employer as a person responsible for complying with the provisions of the Act, the person so named, the person responsible to the employer, the person so nominated or the person so designated, as the case may be, shall be responsible for such payment.
(2)Notwithstanding anything contained in sub-section (1), it shall be the responsibility of the employer to make payment of all wages required to be made under this Act in case the contractor or the person designated by the employer fails to make such payment.]
23. Contracting out.--
Any contract or agreement, whether made before or after the commencement of this Act, whereby an employed person relinquishes any right conferred by this Act shall be null and void in so far as it purports to deprive him of such right."
7.3 The Fourth Schedule as appended to the Industrial Disputes Act, 1947 provides as follows:
"Conditions of Service for Change of which Notice is to be given:
1. Wages, including the period and mode of payment;
Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit of the workmen under any law for the time being in force;
Compensatory and other allowances;
Hours of work and rest intervals;
Leave with wages and holidays;
13Item No. 73/ C-5 O.A. No.1829/2020 Starting alteration or discontinuance of shift working otherwise than in accordance with standing orders;
Classification by grades;
Withdrawal of any customary concession or privilege or change in usage;
Introduction of new rules of discipline, or alteration of existing rules, except in so far as they are provided in standing orders;
Rationalisation, standardization or improvement of plant or technique which is likely to lead to retrenchment of workmen;
Any increases or reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift, not occasioned by circumstances over which the employer has no control."
7.4. Minimum Wages Act, 1948 : An Act to provide for fixing minimum rates of wages in certain employments.
"Section 2 (d) cost of living index number", in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed, means the index number ascertained and declared by the competent authority by notification in the Official Gazette to be the cost of living index number applicable to employees in such employment. Section 2 (h) "wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, [7] [and includes house rent allowance] but does n6t include
(i) the value of -
(a) any house- accommodation, supply of light, water, medical attendance, or
(b) any other amenity or any service excluded by general or special order of the appropriate Government;
(ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance;
(iii) any travc1ling allowance or the value of any traveling concession;
(iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or
(v) any gratuity payable on discharge;
(i) "employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, 14 Item No. 73/ C-5 O.A. No.1829/2020 in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an out-worker to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the out-
worker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an employee by the appropriate Government; but does not include any member of the Armed Forces of the [8] [Union].
Fixing of minimum rates of wages.
(1) The appropriate Government shall, in the manner hereinafter provided,-
(a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the Schedule and in an employment added to either Part by notification under section 27:
Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of the Schedule, instead of fixing minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole State or part thereof.
(b) review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary:
Provided that where for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force.
(1A) Notwithstanding anything contained in sub-section (1), the appropriate Government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which there are in the whole State less than one thousand employees engaged in such employment, but if at any time[12] [***] the appropriate Government comes to a finding after such inquiry as it may make or cause to be made in this behalf that the number of employees in any scheduled employment in respect of which it has refrained from fixing minimum rates of wages has risen to one thousand or more, it shall fix Minimum rates of wages payable to employees in such employment [13] [as soon as may be after such finding].15
Item No. 73/ C-5 O.A. No.1829/2020 (2) The appropriate Government may fix, -
(a) a minimum rate of wages for time work (hereinafter referred to as "a minimum time rate");
(b) a minimum rate of wages for piece work (hereinafter referred to as "a minimum piece rate");
(c) a minimum rate of remuneration to apply in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis (hereinafter referred to as "a guaranteed time rate");
(d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum rate which would otherwise be applicable, in respect of overtime work done by employees (hereinafter referred to as "overtime rate").
(2A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the employees employed in a scheduled employment, any proceeding is pending before a Tribunal or National Tribunal under the Industrial Disputes Act, 1947 (24 of 1947) or before any like authority under any other law for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the scheduled employment is issued during the pendency of such proceeding or the operation of the award, then, notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, where the notification is issued during the period of operation of an award, during that period; and where such proceeding or award relates to the rates of wages payable to all the employees in the scheduled employment, no minimum rates of wages shall be fixed or revised in respect of that employment during the said period.
(3) In fixing or revising minimum rates of wages under this section, - (a) different minimum rates of wages may be fixed for-
(i) different scheduled employments;
(ii) different classes of work in the same scheduled employment;
(iii) adults, adolescents, children and apprentices; (iv) different localities;
(b) minimum rates of wages may be fixed by any one or more of the following wage periods, namely:-
(i) by the hour,
(ii) by the day,
(iii) by the month, or
(iv) by such other larger wage period as may be prescribed; and where such rates are fixed by the day or by the month ' the 16 Item No. 73/ C-5 O.A. No.1829/2020 manner of calculating wages for a month or for a day, as the case may be, may be indicated:] Provided that where any wage-periods have been fixed under section 4 of the Payment of Wages Act, 1936 (4 of 1936), minimum wages shall be fixed in accordance therewith.]"
7.5 THE DELHI SHOPS AND ESTABLISHMENTS ACT, 1954 : An Act to amend and consolidate the law relating to the regulation of hours of work, payment of wages, leave, holidays, terms of service and other conditions of work of persons employed in shops, commercial establishments, establishments for public entertainment or amusement and other establishments and to provide for certain matters connected therewith.
"Section 2 (6) "day" means a period of twenty-four hours beginning at mid-night:
Provided that in the case of an employee whose hours of work extended beyond mid- night, day means the period of twenty- four hours beginning when such employment commences irrespective of mid-night Section 2 (14) "hours of work" or "working hours" means the time during which the persons employed are at the disposal of the employer exclusive of any interval allowed for rest and meals and "hours worked" has corresponding meaning.
Section 2 (18) "opening hour" means the hour at which a shop or commercial establishment opens for the service of a customer Section 2 (28) "spread-over" means the periods between the commencement and the termination of the work of an employee on any day Section 2 (30) "wages" means wages as defined in section 2 of the Minimum Wages Act, 1948 (11 of 1948) Section 8. Employment of adults, hours of work.--No adult shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly:17
Item No. 73/ C-5 O.A. No.1829/2020 Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed, any adult employee may be allowed or required to work for more than the hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that the aggregate hours so worked shall not exceed 150 hours in a year:
Provided further that advance intimation of at least three days in this respect has been given in the prescribed manner to the Chief Inspector and that any person employed on overtime shall be entitled to remuneration for such overtime work at twice the rate of his normal remuneration calculated by the hour.
Explanation.--For the purpose of calculating the normal hourly wage the day shall be reckoned as consisting of eight hours. Section 19. Time and conditions for payment of wages.--(1) Every employer or his agent or the manager of any establishment shall fix periods in respect of which wages to the employees shall be payable and such person shall be responsible for the payment to persons employed by him or all wages required to be paid under this Act.
(2) No wage period so fixed, shall exceed one month.
(3) The wages of every employee in any shop or establishment shall be paid on a working day before the expiry of the seventh day of the last day of the wage period in respect of which the wages are payable.
(4) All wages shall be paid in cash.
(5) Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day after the day on which his employment is terminated.
Section 34. Employer to furnish letters of appointment to employees.--The employer shall furnish every employee with a letter of appointment. Such letters of appointment shall contain the following and such other particulars as may be prescribed, namely:--
(a) the name of employer.
(b) the name, if any, and the postal address of the establishment.
(c) the name, father's name and the age of the employee.
(d) the hours of work.
(e) date of appointment."
7.6 Further, we would like to refer to the Labour Welfare Conventions and Laws prevailing internationally, to which 18 Item No. 73/ C-5 O.A. No.1829/2020 India is also a signatory. There are 47 ILO Conventions and 1 protocol ratified by India. Out of 47 Convention and 1 protocol ratified by India, of which 39 are in force, 5 Conventions and 0 Protocol have been denounced; 4 instruments abrogated. We shall refer to the relevant conventions which deal with the issue in hand:
Hours of Work (Industry) Convention, 1919 (Date of Ratification : 14.07.1921) Article 2 The working hours of persons employed in any public or private industrial undertaking or in any branch thereof, other than an undertaking in which only members of the same family are employed, shall not exceed eight in the day and forty-eight in the week, with the exceptions hereinafter provided for:
(a) the provisions of this Convention shall not apply to persons holding positions of supervision or management, nor to persons employed in a confidential capacity; (b) where by law, custom, or agreement between employers' and workers' organisations, or, where no such organisations exist, between employers' and workers' representatives, the hours of work on one or more days of the week are less than eight, the limit of eight hours may be exceeded on the remaining days of the week by the sanction of the competent public authority, or by agreement between such organisations or representatives; provided, however, that in no case under the provisions of this paragraph shall the daily limit of eight hours be exceeded by more than one hour; (c) where persons are employed in shifts it shall be permissible to employ persons in excess of eight hours in any one day and forty-eight hours in any one week, if the average number of hours over a period of three weeks or less does not exceed eight per day and forty-eight per week.
Article 3 The limit of hours of work prescribed in Article 2 may be exceeded in case of accident, actual or threatened, or in case of urgent work to be done to machinery or plant, or in case of "force majeure", but only so far as may be necessary to avoid serious interference with the ordinary working of the undertaking.
Article 4 The limit of hours of work prescribed in Article 2 may also be exceeded in those processes which are required by reason of 19 Item No. 73/ C-5 O.A. No.1829/2020 the nature of the process to be carried on continuously by a succession of shifts, subject to the condition that the working hours shall not exceed fifty-six in the week on the average. Such regulation of the hours of work shall in no case affect any rest days which may be secured by the national law to the workers in such processes in compensation for the weekly rest day.
Article 5
1. 1. In exceptional cases where it is recognised that the provisions of Article 2 cannot be applied, but only in such cases, agreements between workers' and employers' organisations concerning the daily limit of work over a longer period of time may be given the force of regulations, if the Government, to which these agreements shall be submitted, so decides.
2. 2. The average number of hours worked per week, over the number of weeks covered by any such agreement, shall not exceed forty-eight.
1. Regulations made by public authority shall determine for industrial undertakings--
o (a) the permanent exceptions that may be allowed in preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of an establishment, or for certain classes of workers whose work is essentially intermittent;
o (b) the temporary exceptions that may be allowed, so that establishments may deal with exceptional cases of pressure of work.
2. These regulations shall be made only after consultation with the organisations of employers and workers concerned, if any such organisations exist. These regulations shall fix the maximum of additional hours in each instance, and the rate of pay for overtime shall not be less than one and one-quarter times the regular rate."
Convention No. 88 - Employment Service Convention (Date of Ratification : 24.06.1959) Article 6 The employment service shall be so organised as to ensure effective recruitment and placement, and for this purpose shall:
20Item No. 73/ C-5 O.A. No.1829/2020
(a) assist workers to find suitable employment and assist employers to find suitable workers, and more particularly shall, in accordance with rules framed on a national basis--
(i) register applicants for employment, take note of their occupational qualifications, experience and desires, interview them for employment, evaluate if necessary their physical and vocational capacity, and assist them where appropriate to obtain vocational guidance or vocational training or retraining,
(ii) obtain from employers precise information on vacancies notified by them to the service and the requirements to be met by the workers whom they are seeking,
(iii) refer to available employment applicants with suitable skills and physical capacity,
(iv) refer applicants and vacancies from one employment office to another, in cases in which the applicants cannot be suitably placed or the vacancies suitably filled by the original office or in which other circumstances warrant such action;
(b) take appropriate measures to--
(i) facilitate occupational mobility with a view to adjusting the supply of labour to employment opportunities in the various occupations,
(ii) facilitate geographical mobility with a view to assisting the movement of workers to areas with suitable employment opportunities,
(iii) facilitate temporary transfers of workers from one area to another as a means of meeting temporary local maladjustments in the supply of or the demand for workers,
(iv) facilitate any movement of workers from one country to another which may have been approved by the governments concerned;
(c) collect and analyse, in co-operation where appropriate with other authorities and with management and trade unions, the fullest available information on the situation of the employment market and its probable evolution, both in the country as a whole and in the different industries, occupations and areas, and make such information available systematically and promptly to the public authorities, the employers' and workers' organisations concerned, and the general public;
(d) co-operate in the administration of unemployment insurance and assistance and of other measures for the relief of the unemployed; and
(e) assist, as necessary, other public and private bodies in social and economic planning calculated to ensure a favourable employment situation.21
Item No. 73/ C-5 O.A. No.1829/2020 Convention 100- Equal Remuneration Convention (Date Of Ratification :25.09.1958) Article 1 For the purpose of this Convention--
(a) the term remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment;
(b) the term equal remuneration for men and women workers for work of equal value refers to rates of remuneration established without discrimination based on sex.
1. Each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.
2. This principle may be applied by means of--
(a) national laws or regulations;
(b) legally established or recognised machinery for wage determination;
(c) collective agreements between employers and workers; or
(d) a combination of these various means. Article 3
1. Where such action will assist in giving effect to the provisions of this Convention measures shall be taken to promote objective appraisal of jobs on the basis of the work to be performed.
2. The methods to be followed in this appraisal may be decided upon by the authorities responsible for the determination of rates of remuneration, or, where such rates are determined by collective agreements, by the parties thereto.
3. Differential rates between workers which correspond, without regard to sex, to differences, as determined by such objective appraisal, in the work to be performed shall not be considered as being contrary to the principle of equal remuneration for men and women workers for work of equal value.
Article 4 Each Member shall co-operate as appropriate with the employers' and workers' organisations concerned for the purpose of giving effect to the provisions of this Convention.
22Item No. 73/ C-5 O.A. No.1829/2020 Convention 118 - Equality of Social Treatment Convention (Date Of Ratification :19.08.1964) Article 1 In this Convention--
(a) the term legislation includes any social security rules as well as laws and regulations;
(b) the term benefits refers to all benefits, grants and pensions, including any supplements or increments;
(c) the term benefits granted under transitional schemes means either benefits granted to persons who have exceeded a prescribed age at the date when the legislation applicable came into force, or benefits granted as a transitional measure in consideration of events occurring or periods completed outside the present boundaries of the territory of a Member;
(d) the term death grant means any lump sum payable in the event of death;
(e) the term residence means ordinary residence;
(f) the term prescribed means determined by or in virtue of national legislation as defined in subparagraph (a) above;
(g) the term refugee has the meaning assigned to it in Article 1 of the Convention relating to the Status of Refugees of 28 July 1951;
(h) the term stateless person has the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons of 28 September 1954.
1. Each Member may accept the obligations of this Convention in respect of any one or more of the following branches of social security for which it has in effective operation legislation covering its own nationals within its own territory:
(a) medical care;
(b) sickness benefit;
(c) maternity benefit;
(d) invalidity benefit;
(e) old-age benefit;
(f) survivors' benefit;
(g) employment injury benefit;
(h) unemployment benefit; and
(i) family benefit.
2. Each Member for which this Convention is in force shall comply with its provisions in respect of the branch or branches 23 Item No. 73/ C-5 O.A. No.1829/2020 of social security for which it has accepted the obligations of the Convention.
3. Each Member shall specify in its ratification in respect of which branch or branches of social security it accepts the obligations of this Convention.
4. Each Member which has ratified this Convention may subsequently notify the Director-General of the International Labour Office that it accepts the obligations of the Convention in respect of one or more branches of social security not already specified in its ratification.
5. The undertakings referred to in paragraph 4 of this Article shall be deemed to be an integral part of the ratification and to have the force of ratification as from the date of notification.
6. For the purpose of the application of this Convention, each Member accepting the obligations thereof in respect of any branch of social security which has legislation providing for benefits of the type indicated in clause (a) or (b) below shall communicate to the Director-General of the International Labour Office a statement indicating the benefits provided for by its legislation which it considers to be--
(a) benefits other than those the grant of which depends either on direct financial participation by the persons protected or their employer, or on a qualifying period of occupational activity; or
(b) benefits granted under transitional schemes.
7. The communication referred to in paragraph 6 of this Article shall be made at the time of ratification or at the time of notification in accordance with paragraph 4 of this Article; as regards any legislation adopted subsequently, the communication shall be made within three months of the date of the adoption of such legislation.
1. Each Member for which this Convention is in force shall grant within its territory to the nationals of any other Member for which the Convention is in force equality of treatment under its legislation with its own nationals, both as regards coverage and as regards the right to benefits, in respect of every branch of social security for which it has accepted the obligations of the Convention.
2. In the case of survivors' benefits, such equality of treatment shall also be granted to the survivors of the nationals of a Member for which the Convention is in force, irrespective of the nationality of such survivors.
3. Nothing in the preceding paragraphs of this Article shall require a Member to apply the provisions of these paragraphs, in respect of the benefits of a specified branch of social security, to the nationals of another Member which has legislation relating to that branch but does not grant equality of 24 Item No. 73/ C-5 O.A. No.1829/2020 treatment in respect thereof to the nationals of the first Member.
Convention 122 - Employment Policy Convention (Date Of Ratification :17.11.1998) Article 1
1. With a view to stimulating economic growth and development, raising levels of living, meeting manpower requirements and overcoming unemployment and underemployment, each Member shall declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment.
2. The said policy shall aim at ensuring that--
(a) there is work for all who are available for and seeking work;
(b) such work is as productive as possible;
(c) there is freedom of choice of employment and the fullest possible opportunity for each worker to qualify for, and to use his skills and endowments in, a job for which he is well suited, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin.
3. The said policy shall take due account of the stage and level of economic development and the mutual relationships between employment objectives and other economic and social objectives, and shall be pursued by methods that are appropriate to national conditions and practices.
Convention 142- Human Resources Development Convention (Date Of Ratification :25.3.2009) Article 1
1. Each Member shall adopt and develop comprehensive and co-ordinated policies and programmes of vocational guidance and vocational training, closely linked with employment, in particular through public employment services.
2. These policies and programmes shall take due account of --
(a) employment needs, opportunities and problems, both regional and national;
(b) the stage and level of economic, social and cultural development; and
(c) the mutual relationships between human resources development and other economic, social and cultural objectives.
3. The policies and programmes shall be pursued by methods that are appropriate to national conditions.
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4. The policies and programmes shall be designed to improve the ability of the individual to understand and, individually or collectively, to influence the working and social environment.
5. The policies and programmes shall encourage and enable all persons, on an equal basis and without any discrimination whatsoever, to develop and use their capabilities for work in their own best interests and in accordance with their own aspirations, account being taken of the needs of society."
7.7 In above backdrop, the terms of the contract/appointment letter of the applicant for part-time Computer Teacher would be relevant for the adjudication of this OA. The same reads as under:
"With ref. to the Order no. 13
(100)/2010/DSW/Estt/23956 dt 28/03/12, Shri
DEEPAK SHUKLA is hereby engaged as part-time Computer Teacher as against the terms & conditions given below:-
(01) Part time Contractee will be paid consolidated amount of Rs.6000/per month (2) The said contractual engagement is purely on part time, basis for 6 month period (w.e.f. 08-11-12 to 08-06-
13 only) and it-shall be deemed to have automatically come to an end on expiry of the said engagement period. (3) The engagement is purely on contractual basis and it can be terminated by the employer during the currency of the agreement without assigning any reason or giving any notice.
(4) The Contractee shall have to give one month notice or deposit an amount equal to one month if he/she wishes to terminate the contract.
(05) Any unauthorized absence from duty for more than five days will lead to termination of the contract (06) This contractual engagement will not confer any right for regular appointment to the post and may be terminated, even when a regular post is lying vacant.
(07) The Contractee is required to perform his/her duties to the entire satisfaction of the H.O. G.L.N.S. In case any adverse report is received, the contractual eagagement is liable to be cancelled."
26Item No. 73/ C-5 O.A. No.1829/2020 7.8. The terms and conditions stipulated in the aforesaid contract even though speaks of the applicant's engagement on part-time basis, however, there is no clarity, as to whether, for what period the applicant is working. It has been contended in the counter affidavit that the applicant is working as a part-time person exerting only 3.5-4 hours of work each day and, therefore, has been seeking parity with Contractual Welfare Officer in pay and allowance on the principle of 'equal pay for equal work'.
7.9 The Hon'ble Supreme Court has observed that the preamble is a key to the enactment and it may legitimately be construed to solve any ambiguity or to fix the meaning of words which may have more than one, or to keep the effect of the statute within its real scope, whenever the enacting part is in any of these respects open to doubt. The scope of the Act is a progressive piece of legislation and design to settle the disputes on a new pattern hitherto intention to judicial machinery set in the country. The object of all labour legislation is to ensure fair wages and to prevent disputes so that production might not be adversely affected.
7.10 In Civil Appeal Nos.3997-3998 of 2018 (Arising out of Special Leave Petition (C) Nos. 35347-35348 of 2016) titled Paradeep Phosphates Limited Versus State of Orissa & 27 Item No. 73/ C-5 O.A. No.1829/2020 Ors decided on 19.4.2018, the Hon'ble Apex Court in para 11 observed as under :-
"11. Undoubtedly, it is a cardinal principle of law that beneficial laws should be construed liberally. The Industrial Dispute Act, 1947 is one of the welfare legislations which intends to provide and protect the benefits of the employees. Hence, it shall be interpreted in a liberal and broad manner so that maximum benefits could reach to the employees. Any attempt to do strict interpretation would undermine the intention of the legislature. In a catena of cases, this Court has held that the welfare legislation shall be interpreted in a liberal way."
7.11 In M/S. Tata Iron & Steel Co. Ltd vs The Workmen & Ors, 1972 AIR 1917 decided on 5 May, 1972, the Hon'ble Apex Court while dealing with Section 9 A of Industrial Disputes Act held as under:
"The real object and purpose of enacting S. 9A seems to be to afford an opportunity to the workmen to consider the effect of the proposed change and, if necessary, to represent their point of view on the proposal. Such consultation further serves to stimulate a feeling of common joint interest of the management and workmen in the industrial progress and increased productivity. This approach on the part of the industrial employer would reflect his harmonious and sympathetic co- operation in improving the status and dignity of the industrial employee in accordance with the egalitarian and progressive trend of our industrial jurisprudence which strives to treat the capital and labour as co- sharers and to break away from the tradition of labour's subservience to capital."
"Now, the increasing complexity of modern administration and the need for flexibility capable of rapid readjustment to meet changing circumstances, which cannot always be foreseen, in implementing our socioeconomic policy, pursuant to the establishment of a welfare State as contemplated by our Constitution, have rendered it convenient and practical, nay, necessary, for the legislatures to have frequent resort to the practice of delegating subsidiary or ancillary powers to delegates of their choice,. The parliamentary procedure and discussion in getting through a legislative measure in the legislatures is usually time-consuming. Again, such measures cannot-28
Item No. 73/ C-5 O.A. No.1829/2020 provide for all possible contingencies because one cannot visualize various permutations and combinations of human conduct and behaviour. This explains the necessity for delegated or conditional legislation. Due to the challenge of the complex socioeconomic problems requiring speedy solution the power of delegation has by now, as per in necessity, become a constituent element of legislative power as a whole. The legal position as regards the limitations on this power is, however, no longer in doubt. The delegation of legislative power, is permissible only when the legislative policy and principle is adequately laid down and the delegate is only empowered to carry out the subsidiary policy within the guidelines laid down by the legislature. The legislature, it must be borne in mind, cannot abdicate its authority and cannot pass on to some other body the obligation and the responsibility imposed on it by the Constitution. It can only utilise other bodies or authorities for the, purpose of working out the details within the essential principles laid down by it. In each case, therefore, it has to be seen it there is delegation of the essential legislative function or if it is merely a Case in which some authority or body other than the legislature is empowered to work out the subsidiary and ancillary details within the essential guidelines, policy-and principles, laid down by the legislative wing of the Government."
7.12 When payment is made on monthly scale of pay, the daily rate of wages for a worker can be obtained only by dividing the amount of wages for 30 days by 26. This is done because the workman is entitled to four days as weekly rest during which period he does not work. The reason is that workman actually gets monthly wages for the work done only for 26 days. Thus for a workman, it is the actual receipt for 26 days which is his monthly scale of pay, i.e., 30 days wages. Therefore, a day's wage should mean the result obtained by dividing the monthly wages by actual number of working days, i.e., 26 days. This principle will, however, be applicable in case of such workers who get 29 Item No. 73/ C-5 O.A. No.1829/2020 monthly wages only for the actual number of working days.
The formula for calculation of the overtime wages for one hour is to divide the month's wages by 26 into the number of normal working hours and the result so obtained by them then multiplied by two to calculate one hour's overtime wages.
7.13 The minimum wages to be fixed is within the realm of the appropriate Government (in the present case Government of NCT of Delhi). In terms of clause (a) sub section (2) of Section 3 of Minimum Wages Act, the appropriate Government may fix a minimum rate of wages for time work. Furthermore, Clause (c) sub section (2) of Section 3 of Minimum Wages Act itself contemplates a minimum rate of remuneration to apply in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis (hereinafter referred to as "a guaranteed time rate"). More importantly, as per clause (b) of sub section 3 of the minimum wages Act, the minimum rates of wages may be fixed by any one or more of the following wage periods, namely:-
(i) by the hour,
(ii) by the day,
(iii) by the month, or 30 Item No. 73/ C-5 O.A. No.1829/2020
(iv) by such other larger wage period as may be prescribed;
and where such rates are fixed by the day or by the month ' the manner of calculating wages for a month or for a day, as the case may be, may be indicated:] 7.14 Fixing of minimum wage rate has direct nexus in relation to cost of living index number. The plain and literal meaning of basis and method of payment of minimum wages and wages period has clearly been defined, which can be on hourly or day basis as well. For the purpose of calculating the normal hourly wage the day shall be reckoned as consisting of eight hours.
7.15 Vide notification dated 26.9.2024, the Minimum Wages as on 1.10.2024 have been revised by Government of NCT of Delhi, which is re-produced as under :-
31Item No. 73/ C-5 O.A. No.1829/2020 7.16 It is not in dispute that any fixed payment made to the applicant comes within the four corners of remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment. The contract or agreement, which deprive him of such right to grant of pro rata wages is null and void. There has been no revision in pay under contract for past several years despite rise of cost of living.
8. In terms of clause (a) sub section (2) of Section 3 of Minimum Wages Act, the appropriate Government fixes the minimum wages payable from time to time by issuing the notification. The remuneration or wages so fixed either for part timer (on pro-rata), casual, daily wager, or contractual employee(s) or worker(s) in any given situation cannot be less than the prescribed minimum wages under the Minimum Wages Act, 1948 , which are notified and revised from time to time.
9. In view of the aforesaid detailed discussion(s) on touchstone of wage regulations in place, there is no justification forthcoming from the respondent who being a model employer have not applied the revised minimum 32 Item No. 73/ C-5 O.A. No.1829/2020 wages, which are assessed by them from time to time to part timer on pro rata basis when they themselves carry out such an exercise for adjustment of wages on All India Consumer Price Index basis. Failure to carry out for revision of pay and not to apply the same to part timer is not only in gross violations of various labor regulations as highlighted above but also, in violation of Contract Labour (Regulation & Abolition) Act, 1970 & Rules 1971 thereto.
Thus, we have no hesitation to hold that a part timer is entitled to enhanced wages on pro rata basis as per the Minimum Wages Act in terms of notification issued from time to time, which also needs to be revised, accordingly.
Admittedly, the applicant herein is working for four hours per day for past several years and no revision has taken place on pro rata basis. The applicant, who is working for four hours in a day is entitled to pro rata enhanced wages in consonance with the minimum wages under provisions of Minimum Wages Act as applicable in Delhi with effect from 01.10.2024 and such enhanced rates as may be notified from time to time, prospectively.
10. CONCLUSION 10.1 We allow the present OA. The applicant being a part timer is entitled to enhanced wages on pro rata basis as per the Minimum Wages Act w.e.f. 01.10.2024.
33Item No. 73/ C-5 O.A. No.1829/2020 10.2 We further clarify that such enhanced payment shall not give any right to the applicant for seeking regularization in the post on which he is working unless and until there is a scheme, which provides for regularization of such employees.
10.3 The aforesaid payments of pro rata wages to the applicant shall be released within two months from the date of judgment. The judgment shall be applied prospectively and the applicant shall not be entitled to any arrears of wages except w.e.f. 01.10.2024.
10.4 Pending MAs, if any, shall also stand disposed of. No costs.
(Dr. Anand S Khati) (Manish Garg)
Member (A) Member (J)
/arti/