Gujarat High Court
C U Shah Medical College And Hospital vs Joint Secretary, Akhil Gujarat General ... on 17 February, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025
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Reserved On : 24/10/2024
Pronounced On : 17/02/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7754 of 2022
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 7754 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL
Sd/-
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI Sd/-
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Approved for Reporting Yes No
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C U SHAH MEDICAL COLLEGE AND HOSPITAL
Versus
JOINT SECRETARY, AKHIL GUJARAT GENERAL MAZDOOR SANGH & ANR.
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Appearance:
MR. K. M. PATEL, SENIOR ADVOCATE WITH MR. YOGEN N. PANDYA(5766) for
the Petitioner(s) No. 1
MR. D.G. SHUKLA(1998), ADVOCATE Assisted by MS. MESHWA BHATT,
ADVOCATE for the Respondent(s) No. 1
MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 1
CHANDRESH N JANI(7846) for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
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NEUTRAL CITATION
C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025
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CAV JUDGMENT
(PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI) [1] The present petition challenges the legality, validity and propriety of award dated 21.01.2022 passed in Reference (I.T.) Case No.50 of 2013 vide Exhibit-60 passed by the learned Industrial Tribunal, Rajkot (hereinafter referred to as "the learned Tribunal") under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). The learned Tribunal has partly allowed the Reference directing the petitioner to grant demand No.1 to 5, 7 and 9.
[2] The factual matrix which has led to filing of the Reference resulted into impugned orders are that the Saurashtra Medical Center Trust was initially registered as a society, under the Societies Registration Act, 1960 on 27.07.1972 and, thereafter, registered as a Public Charitable Trust under the provisions of Bombay Public Trust Act, 1972. The Trust had initially established C. U. Shah T. B. Hospital in the year 1974. Subsequently, other hospitals for various specialty were established under the aeigis of C. U. Shah College. The present petition is filed by C. U. Shah Medical College and Hospital which has a variety of special free medical facilities under Page 2 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025 NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined its wings. The concerned workmen of the present petitioner were appointed after the petitioner's medical college came into existence, through a contract system and are continuing to work regularly form the year 2000 onwards.
[2.1] The respondents workmen are the Unions (hereinafter referred to as "the respondent") and they have raised their charter of demands before the Conciliation Officer under Section 10(1) of the Act. The conciliation had failed and therefore, the Terms of Reference was referred for the adjudication to the learned Tribunal. The Reference came to be numbered as Reference (I.T.) No.50 of 2013. There were total 9 demands raised by the Union. During the pendency of the dispute, the Labour Commissioner, Gujarat vide its order dated 29.06.2020 referred further revised demands, wherein demand Nos. 1 to 4 were kept as it is and demand Nos.5 to 8 were revised in the pending adjudication.
[2.2] Pursuant to filing of the Reference, the statement of claim came by the respondent at Exhibit-3 against the statement claim to be filed by the petitioner which was at Exhibit-13. It was contended by the petitioner that it is a self-financed private medical college run by the trust registered under the Bombay Public Trust Act, 1972. Page 3 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025
NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined The trust activities are on the principles of "no loss - no profit" for the students of the medical college and patients in the hospitals being run by it. Both the parties have subsequently led the evidence. Pursuant to the completion of pleadings as well as the arguments, the learned Tribunal by way of impugned award directed the petitioner to pay financial benefits to the members of the respondent Union from 01.01.2010 onwards. It was the case of the petitioner that if the financial burden as per the award had to be calculated, it turned out to be more than Rs.45 lacs per month. The petitioner was having an excess of expenditure over the income from the financial year 2001-02 to 2020-21. The losses are met through the collection of donations over the years. It was, thus, contended by the petitioner that the award passed by the learned Tribunal would be fatal for the future existence of the petitioner.
[3] We have heard Mr. K. M. Patel, learned senior advocate with Mr. Yogen N. Pandya, learned advocate for the petitioner and Mr. D.G.Shukla, learned advocate with Mr. Harsheel D. Shukla, learned advocate assisted by Ms. Meshwa Bhatt, learned advocate for the respondent No.1 as well as Mr. Chandresh N. Jani, learned advocate for the respondent No.2.
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NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined [4] Mr. K. M. Patel, learned senior counsel for the petitioner has contended that in Terms of Reference, the names as mentioned in the members of respondent Union would be 48 only. However, pursuant to the adjudication and revised demands, the scope would be added qua another set of 221 employees who are the members of the respondent - union. The learned Tribunal vide order dated 29.06.2020 was not carrying any list of members of respondent No.1. It is only after the submission of the argument, the Conciliation Officer had sent a list of the 221 employees of respondent No.1 on 06.09.2021.
[4.1] It was submitted that the petitioner runs the teaching hospital for academic requirements for the medical students with the core objectives of "no profit - no loss"services to the poor and needy people surrounding the area of the Surendranagar District. The charges for the services provided by the petitioner are much lesser than any other private hospitals or many of the charges are even 'Nil' as compared to other hospitals in Surendranagar District. The patients are also offered 40% discount and other consistent benefits are offered to the needy people. It was further submitted that petitioner has a surplus of expenditure over the income from its inception and when there are losses, the shortfall is met through only Page 5 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025 NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined donations that the trust has received over the years. Therefore, the paying capacity, financial burden and industry-cum-region in the area where the petitioner is situated are the prime requirements to adjudicate the wage revision, wage structure and other financial benefits. It was further submitted that the award suffers from the error of jurisdiction, inasmuch as, by examining the financial capacity and future burden, the award is required to be quashed and set aside.
[4.2] Mr. Patel, learned senior advocate has also submitted that the learned Tribunal has erred, inasmuch as, the Terms of Reference has categorically mentioned the date of entitlement of the benefits from 01.01.2012. Whereas the learned Tribunal has granted the said benefits with retrospective effect from 01.01.2010, which is without application of mind and would tantamount to causing huge financial burden to the petitioner. The respondent has revised its demands at the stage of the proceedings in the year 2020 by giving an application for revision of demands. Therefore, the learned Tribunal could not have passed award pertaining revised demand to respondent - union with effect from 01.01.2010. It was further submitted that no relief could have been granted to 221 members of respondent since their names are not part of the revised terms of the reference. Page 6 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025
NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined [4.3] Mr. Patel, learned senior advocate has further submitted that the learned Tribunal has failed to appreciate the fact that respondent have asked for wage revision and the same is allowed by the learned Tribunal considering the members of the respondent as Class-III and Class-IV employees without verifying the fact that the members of unions are not possessing requisite qualifications for appointment to the posts. The doctrine of equal pay for equal work, therefore, does not apply in the abstract. For invoking the principle, it has to be established and proved that the nature of the work is same qualitatively and quantitatively. It was further argued that while granting the wage revision and pay grade, it was the prominent duty of the learned Tribunal to consider the principles of industry-cum- region, paying capacity and the financial burden which can be borne by the petitioner against the demands. These principles have been completely overlooked by the learned Tribunal while adjudicating the dispute and awarding the benefits. The acceptance of the demands, particularly demand No.3, therefore, is erroneous and contrary to the facts on record.
[4.4] It was further submitted by Mr. Patel, learned senior advocate that the learned Tribunal has not considered the fact that the Page 7 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025 NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined members of the respondent union were initially appointed by the contractor to perform their duties and only after 2008 the members of the union came on a muster roll of the petitioner as a daily wager. [5] Per contra, Mr. D. G. Shukla, learned advocate assisted by Ms. Meshwa Bhatt, learned advocate for the respondent No.1 has submitted that there is no need to interfere with the impugned award, inasmuch as, the petitioner has been exploited the members of the respondent Union by treating them daily wagers for the purpose of denying them the benefits of permanency and other monetary benefits. The workmen with the respondent union have been working continuously for more than 20 years. Earlier, they were shown as contractor's workmen through sham and bogus contracts which were only paper arrangements. The contractor admittedly, left in 2008 and, thereafter, the concerned workmen have been directly employed by the petitioner. The action of the petitioner in treating the workmen as daily wagers for such a long period amounts to unfair labour practice as per item 10 of Schedule- V read with Section 25T of the Act.
[5.1] Mr. Shukla, learned advocate has further submitted that the members of the respondent union are doing similar work as that of Page 8 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025 NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined permanent workmen but they are being deprived of the benefits of permanency and monetary benefits available to other permanent workmen. They are employed as Helper, Sweeper, Ward Boy etc. but they are treated as Class-IV employees and the Nursing / Clerical and Technical Staff are treated as Class-III employees. It was further submitted that similar kind of work is performed by permanent workmen. In the case of permanent workmen, the designation is stated in the pay-slip but they are not treated as Class-IV or Class-III employees. It is further submitted that 40 permanent workmen doing the work of Class-IV employees or similarly situated workmen of the respondent union are being paid Rs.46,130/- per month as wages in June, 2024. Whereas for the same kind of work, the workmen of the respondent union are being paid Rs.16,000/- per month only. Similarly, the permanent Nursing Staff are paid Rs.75,744/- per month, whereas similarly situated workmen working as Nursing Staff in the respondent union are being paid Rs.17,000/- per month in August, 2024. During the last two years, there has been no increase in wages paid to 52 concerned workmen of the respondent union. Besides, they have denied benefits like leave, bonus, allowances etc. Page 9 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025 NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined [5.2] Mr. Shukla, learned advocate has further submitted that the respondent has produced pay-slip of permanent workmen to show the injustice being done to the workmen of the respondent union. It was further submitted that the petitioner is also running Self-finance Medical Colleges and earning huge income. Therefore, when there is huge income earned by the petitioner and there is total discrimination between similar kind of work performed by workmen of the respondent union and permanent workmen, the anomaly qua the pay-scale needs to be removed. It was further submitted that the petitioner was a grant-in-aid institution and the petitioner itself voluntarily stopped taking grant from the State Government. Therefore, it is evident that the petitioner has sufficient income and assets to function as a non-grant-in-aid institution and it is earning more income as a Self-financed Institution. Therefore, it becomes apparent to remove the anomaly amongst the pay-scales of similar situated employees and further grant benefits i.e. due to the workmen of respondent union.
[5.3] Mr. Shukla, learned advocate has further submitted that high handedness of the petitioner towards the workmen of respondent union who are working with the petitioner for more than 20 years is nothing but victimization by adopting unfair labour practices. The Page 10 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025 NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined workmen are being victimized as they have joined the respondent union and the learned Tribunal has passed the impugned award in their favour. There is continuous mental harassment caused to the concerned workmen due to the unfair labour practices adopted by the petitioner, which is to be deprecated. Therefore, it was prayed by Mr. Shukla, learned advocate that the petitioner hospital is not entitled to any relief as prayed or otherwise. In the wake of such submission, Mr. Shukla, learned advocate has prayed to dismiss the present petition.
[6] We have heard the learned advocates appearing for the parties and perused the material on record. The first point would be with regard to whether the payment of wage as per minimum wages raise would be an adequate component to the petitioners. The employer in wage revision matters has taken a standard defense that they are paying minimum wages to the employees engaged by them as contemplated under the Minimum Wages Act. Coming to the concept, the bare minimum wage fixed under the Minimum Wages Act, 1948 is with the idea that no industry or employer can pay its employee wages lesser than the minimum wage fixed under the Act. However, the minimum Wages Act, 1948 does not deal with the concept of "fair wages" or "living wages" as promised under the Page 11 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025 NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined Constitution of India, which manifests that each person has a right to decent standard of living by earning wages which not only meet the requirement of food, clothing and shelter, but education of children, medical requirement, minimum recreational expenses, including festivities / ceremonies, provision for old age and marriage for his children. These are the bare minimum requirements of a family in India, which can aspire to have a decent standard of living. [7] In the instant case, the date of joining of the workmen of the respondent union in the year 2000 as a contractual employee and, thereafter, in the year 2008 as direct employees of the petitioner. Resultantly, the workmen of the respondent union are working with the petitioner institution for almost more than 20 years. The only point of argument canvassed by Mr. K. M. Patel, learned senior counsel is that there would be a huge financial burden upon the employer with the acceptance of the demand made by the respondent union. However, before going into that aspect a primarily bone of contention would be the principles of equal for equal work. It has been demonstrated by the respondent union that two sets of employees doing the same kind of work are being given different wages, one set of employees are given normal wages, whereas the other set for workmen of the respondent union are Page 12 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025 NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined being given minimum wages. Therefore, if the basic salary paid by the institution who any permanent Class-III or Class-IV employee is higher than the similarly situated Class-III or Class-IV employees, then there is defiantly breach of principles of equal wages for equal work. Therefore, it is an elementary proposition of law that both the workmen doing same kind of work and were permanent employees of the institution should get equal pay. The contention taken by Mr. K. M. Patel, learned senior counsel with regard to the financial aspect of the institution would be not a valid contention. There is no denial to the fact that there is huge amount of revenue received by the institution. There is no denial to the fact that from the same huge set of revenue different pay-scales are being given to two different permanent sets of employees. Therefore, there cannot be a biasness viz-a-viz applicability of financial constraint for one set of employee and non-applicability of financial constraint for other set of employees. Therefore, the aspect of financial burden is misleading at the very first inspection.
[8] Taking note of the above, we may take note of the benefits accorded by the Tribunal to the workmen while allowing the reference, partly, which are as follows:-
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NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined "(1) As per demand No.1 it is directed to the petitioner by the learned Tribunal to provide appointment letter and identity card to the concerned workmen who are the members of the respondent No.1 Union.
(2) As per demand No.2 it is directed to the petitioner by the learned Tribunal to pay the bonus of a sum of Rs.1500/- to class III employees and Rs.2000/ to the class IV employees of respondent No.1 w.e.f. 01.01.2010;
(3) As per demand No.3 it is directed to the petitioner by the learned Tribunal to pay wage grade and benefits at par with the permanent employees of the petitioner w.e.f 01.10.2010 to the members of Respondent-1 Union.
(4) As per demand No.4 it is directed to the petitioner by the learned Tribunal Demand No.4 pertains to permanent employees' grade pay and all the service benefits which are included in the benefits of permanency demand are partly allowed.
(5) As per demand No.5 (A) it is directed to the petitioner by the learned Tribunal to pay financial assistance of up to Rs.50,000/- for serious illness and operation of the employees of Class III and IV of both the respondents Union.
(6) As per demand No.5 (B) it is directed to the petitioner by the learned Tribunal to pay Rs.750/-
towards House Rent Allowance from 01.01.2010 to the employees of Class III and IV of the respondents Union.
(7) As per demand No.5(C) it is directed to the petitioner by the learned Tribunal to pay actual educational expenses for those members of the Respondent No.-1 Union who are entitled to these benefits excluding daughter.
(8) As per demand No.5 (D) it is directed to the petitioner by the learned Tribunal to pay Rs.250/- monthly conveyance allowance from 01.01.2010 to the employees of Class III and IV of respondent No.1. Page 14 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025
NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined (9) As per demand No.7(A) to (D) it is directed to the petitioner by the learned Tribunal to give a washing allowance of Rs.150/- to the employees of respondents w.e.f. 01.01.2010 as per demand 7(C) is granted to both the Union whereas the demand of 7(A), (B), and (D) are granted to the members of the respondent NO.- 1 Union only.
(10) As per demand No.9 it is directed to the petitioner by the learned Tribunal, above mentioned demands, No. 1 to 8 are allowed and direction issued to the petitioner by ordered to comply within 30 days from the date of award.
(11) It is directed to the petitioner by the learned Tribunal to pay the sum of Rs. 10,000 as a cost of union expenditure."
[9] The aforesaid benefits particularly demand No.3 have been granted to the workmen with effect from the date of the judgment, i.e, 01.01.2010 and the direction is that all the above benefits be accorded to the workmen within 30 days of the passing of the judgment / award.
[10] We may record that at the time of issuance of Notice, vide order dated 21.04.2022, it was directed that the petitioner shall pay a sum of Rs.16,000/- per month to Class-IV employee commencing from 01.5.2022 and Rs.17,000/- per month to Class-III employee commencing from 1.5.2022 till further orders and it was further directed that the judgment and award dated 21.1.2022 passed by the Industrial Tribunal in Reference (IT) No.50 of 2013 shall stand stayed. Page 15 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025
NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined [11] We may note that the concept of wage structure in the industry has been dealt with by the Apex Court in the Workmen Represented by Secretary vs. Reptakos Brett & Co. Ltd. and another, (1992) 1 SCC 290, wherein the wage structure prevalent in the industry has been divided into three categories in a broad manner. The basic "minimum wage" which provides bare subsistence and is at poverty line level, a little above is the "fair wage" and finally the "living wage" which comes at a comfort level. It was noted by the Apex Court therein that though it is not possible to demarcate these levels of wage structure with any precision, however, well accepted norms, which broadly distinguish one category of pay structure from another, can be seen in the Fair Wages Committee report published by the Government of India Ministry of Labour in the year 1949, which defines the "living wage" as under:-
"8............xxx....xxx....xxx..............xxxx....
"the living wage should enable the male earner to provide for himself and his family not merely the bare essentials of food, clothing and shelter but a measure of frugal comfort including education for the children, protection against ill-health, requirements of essential social needs, and a measure of insurance against the more important misfortunes including old age."Page 16 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025
NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined [12] The wage structure promising descent standard of life to the workers is still a far cry. The employers in wage revision matters take a standard defense that they are paying minimum wages to the employees engaged by them as contemplated under the Minimum Wages Act. The concept of minimum wages has been given a statutory backing by the Minimum Wages Act, 1948, with the statement that no industry has a right to exist unless it is able to pay its workmen at least "a bare minimum wage". The Act provides for fixation of minimum rate of wages or revision by the appropriate Government in respect of scheduled employments. The bare minimum wage fixed under the Minimum Wages Act, 1948 is with the idea that no industry or employer can pay its employee wages lesser than the minimum wage fixed under the Act. However, the minimum Wages Act, 1948 does not deal with the concept of "fair wages" or "living wages" promised under the Constitution, which manifests that each person has a right to decent standard of living by earning wages which not only meet the requirement of food, clothing and shelter, but education of children, medical requirement, minimum recreational expenses, including festivities/ceremonies, provision for old age and marriage for his children. These are the bare minimum requirements of a family unit in India, which is still at the poverty line level, aspiring to have a decent standard of living where the Page 17 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025 NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined bread earner may be able to meet the bare minimum needs of the family comprising of, women, children, adolescents and old age parents.
[13] The provision for wage revision under the labour laws has, thus, been incorporated so as to enable the Labour and Industrial Tribunal to fix a fair wage structure for the employees engaged in an industry, falling within their jurisdiction. [14] The Apex Court in Delhi Transport Corporation vs. D.T.C Mazdoor Congress and others, 1991 Supp(1) SCC 600, has laid great emphasis on the concept of fair wages intertwined with the Right to life. Paragraphs No."231" and "232" (at pages 716 and 717) of the said decision are quoted hereinunder:
"231. The employment under the public undertakings is a public employment and a public property. It is not only the undertakings but also the society which has a stake in their proper and efficient working. Both discipline and devotion are necessary for efficiency. To ensure both, the service conditions of those who work for them must be encouraging, certain and secured, and not vague and whimsical. With capricious service conditions, both discipline and devotion are endangered, and efficiency is impaired.Page 18 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025
NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined
232. The right to life includes right to livelihood. The right to livelihood therefore cannot hang on to the fancies of individuals in authority. The employment is not a bounty from them nor can its survival be at their mercy. Income is the foundation of many fundamental rights and when work is the sole source of income, the right to work becomes as much fundamental. Fundamental rights can ill-afford to be consigned to the limbo of undefined premises and uncertain applications. That will be a mockery of them."
[15] The question of revision of wages of workmen was examined by the Constitution Bench in Express Newspapers (P) Ltd.(supra), wherein the Constitution Bench of the Apex Court has laid down the principles for fixation of rates of wages as under: (AIR P.605, paragraph No.73) "19............The question of revision of wages of workmen was examined by a Constitution Bench in Express Newspaper (P) Ltd.v. Union of India[AIR 1958 SC 578] having regard to the provisions of the Industrial Disputes Act and the Minimum Wages Act and the following principles for fixation of rates of wages were laid down : (AIR p. 605, para 73) "(1) that in the fixation of rates of wages which include within its compass the fixation of scales of wages also, the capacity of the industry to pay is one of the essential circumstances to be taken into consideration except in cases of bare subsistence or minimum wage where the employer is bound to pay the same irrespective of such capacity;
(2) that the capacity of the industry to pay Page 19 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025 NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined is to be considered on an industry-cum-
region basis after taking a fair cross-section of the industry; and (3) that the proper measure for gauging the capacity of the industry to pay should take into account the elasticity of demand for the product, the possibility of tightening up the organisation so that the industry could pay higher wages without difficulty and the possibility of increase in the efficiency of the lowest-paid workers resulting in increase in production considered in conjunction with the elasticity of demand for the product -- no doubt against the ultimate background that the burden of the increased rate should not be such as to drive the employer out of business."
(emphasis supplied) [16] Apart from the issue of wage revision, one aspect which needs consideration is 'equal work for equal pay'. It is not in dispute that the members of the respondent Union are performing the same duties as are discharged by the permanent employees of the petitioner. The principle of 'equal work for equal pay' expounded through various decisions of Hon'ble Supreme Court would also be applicable to the facts of the present case. An employee engaged for the same work cannot be paid less than another who performs the same duties and responsibilities. It is not in dispute that the members of the respondent Union are doing the same duties as other permanent employees who are given a different pay-scale. Such an action besides being demeaning strikes at the very foundation of the Page 20 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025 NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined human dignity. Any workman who is compelled to work at a lesser wage does not do so voluntarily. He/ she does so to provide food and shelter to his / her family at the cost of his/ her self-respect/ dignity. Any act of paying lesser wages as compared to any similarly situated workman constitute an act of exploitation and is a result of slave mindset. Such oppressive action are deprecated through many judgments of the Hon'ble Apex Court, more particularly State of Punjab and others v. Jagjit Singh and others, reported in 2017 (1) SCC 148. Therefore, there cannot be any infirmity in the observations by the learned Tribunal in giving the same Grade-pay of Class-III and Class-IV permanent employees to the members of the respondent Union.
[17] In view of the above discussion, in light of the findings returned by the Tribunal, the award of increase in wages cannot be said to suffer from any error of law and in no case can be said to be excessive so as to cause any financial burden on the employer namely the petitioner society. However, there is no justification by the learned Tribunal for giving the benefit from 1.1.2010. The terms of reference are clearly from 1.1.2012. Therefore, the benefit granted to the respondent is modified only to the extent of applicability of the date which is from 1.1.2012.
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NEUTRAL CITATION C/SCA/7754/2022 CAV JUDGMENT DATED: 17/02/2025 undefined [18] As regards the conveyance allowance and the other benefits such as education expenses, washing allowance, HRA, bonus etc., we do not find any good ground to interfere.
[19] In view of the above discussion, we reached at the conclusion that the writ petition is devoid of merits and hence dismissed. However, the date for grant of benefit is modified from 1.1.2010 to 1.1.2012 for the reasons mentioned hereinabove. No order as to costs. All connected applications, accordingly, stand disposed of.
Sd/-
(SUNITA AGARWAL, C.J.) Sd/-
(PRANAV TRIVEDI, J.) Further Order When the judgment is pronounced, the learned senior counsel Mr. K. M. Patel with Mr. Yogen N. Pandya, learned advocate for the petitioner has requested to stay of the order. For the reasons mentioned hereinabove, this Court is not inclined to accept the request and is accordingly rejected.
Sd/-
(SUNITA AGARWAL, C.J.) Sd/-
(PRANAV TRIVEDI, J.) DHARMENDRA KUMAR Page 22 of 22 Uploaded by DHARMENDRA KUMAR(HC01071) on Mon Feb 17 2025 Downloaded on : Tue Feb 18 00:50:05 IST 2025