Chattisgarh High Court
Shobharam Yadav vs Union Of India on 7 March, 2017
Author: P. Sam Koshy
Bench: P. Sam Koshy
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No.1121 of 2017
1. Shobharam Yadav S/o Niranjan Yadav, Aged About 41 Years Working At Govt.
Primary School Bhawarchuwa, P/s Bhawarpur, Tahsil Basna, Block Basna,
District Mahasamund, (Chhattisgarh)
2. Shubransingh Sidar, S/o Budhu Sidar, Aged About 58 Years Working At Govt.
Primary School Sulkhand P/s Basna Bhawarpur, Tahsil Basna, Block Basna,
Distt. Mahasamund, (Chhattisgarh)
3. Aaganbai Yadav, W/o Jagatram Yadav, Aged About 46 Years Working At Govt.
Primary School Bhawarchuwa, P/s Bhawarpur, Tahsil Basna, Block Basna,
Distt. Mahasamund, (Chhattisgarh)
4. Jagatram Yadav, S/o Ramdas Yadav, Working At Govt. Primary School
Bhawarchuwa, P/s Bhawarpur, Tahsil Basna, Block Basna, District
Mahasamund (Chhattisgarh)
5. Kumari, D/o Ghasiya, Aged About 32 Years Working At Govt. Middle School
Khurdarha Tukda, P/s Basna, Tahsil Basna, Block Basna, District
Mahasamund, (Chhattisgarh)
6. Babulal Sidar, S/o Bhagisingh, Aged About 44 Years Working At Govt. Primary
School Bundelabhatha, P/s Basna, Tahsil Basna, Block Basna, District
Mahasamund, (Chhattisgarh)
7. Smt. Sundarbai Som, W/o Jawahir Singh, Aged About 45 Years R/o Village
Bade Sajapali, P/s Basna, Tahsil Basna, Block Basna, District Mahasamund,
(Chhattisgarh)
8. Smt. Chintar Bai, W/o Jaylal Sidar, Aged About 50 Years Working At Govt.
Primary School Nehru Nagar, P/s Basna, Tahsil Basna, Block Basna, District
Mahasamund (Chhattisgarh)
9. Smt. Pushpa Sidar, W/o Devsingh Sidar, Aged About 35 Years Working At
Govt. High School Butipali, P/s Basna, Tahsil Basna, Block Basna, District
Mahasamund (Chhattisgarh)
10. Dev Singh Sidar, S/o Chheduram Sidar, Aged About 46 Years Working At
Govt. Primary School Butapali, P/s Basna, Tahsil Basna, Block Basna, District
Mahasamund, (Chhattisgarh).
---- Petitioners
Versus
1. Union Of India Through The Secretary, Ministry Of Human Resources
Development, Department Of School Education And Literacy, Mid Day Meal
Division Shastri Bhawan, New Delhi
2. State Of Chhattisgarh, Through Secretary, Department Of Schools Education
Development, Mantralay, Mahanadi Bhawan, Police Station Mandir Hasaud,
New Raipur (Chhattisgarh)
3. Director, Lok Sikshan Sanchanalaya, Indrawati Bhawan, New Raipur, Distt.
Raipur (Chhattisgarh)
4. Secretary, Labour Officers, Indrawati Bhawan New Raipur, District Raipur
(Chhattisgarh)
5. Collector, Mahasamund, District Mahasamund, (Chhattisgarh).
6. District Education Officer, Mahasamund, District Mahasamund, (Chhattisgarh)
7. Labour Office Mahasamund, District Mahasamund (Chhattisgarh)
8. Block Education Officer, Basna, District Mahasamund, (Chhattisgarh).
---- Respondents
2
For Petitioners : Shri Anshul R Shrivastava, Advocate. For respondent No.1 : Shri Ramakant Pandey, Advocate. For Respondents/State : Shri Shashank Thakur, Govt. Advocate.
Hon'ble Shri Justice P. Sam Koshy Order On Board 07/03/2017
1. Learned counsel for the petitioners would submit that the petitioners are working on the post of Cook in the Government Primary School and they are being paid only Rs.1200/- per month i.e. Rs.40/- per day, whereas according to the notification Annexure P/2, minimum wages prescribed by the Chhattisgarh Minimum Wage, they are entitled for Rs.255/- per day as they are skilled labour. He would rely upon the judgment of the Supreme Court in the matter of State of Punjab & Ors.Vs. Jagjit Singh & Ors., decided on 26th October, 2016, in which the Supreme Court has held that the principle of equal pay for equal work will also applicable to all the temporary employees and has been held as under:-
"54. There is no room for any doubt, that the principle of 'equal pay for equal work' has emerged from an interpretation of different provisions of the Constitution. The principle has been expounded through a large number of judgments rendered by this Court, and constitutes law declared by this Court. The same is binding on all the courts in India, under Article 141 of the Constitution of India. The parameters of the principle, have been summarized by us in paragraph 42 hereinabove. The principle of 'equal pay for equal work' has also been extended to temporary employees (differently described as workcharge, daily-wage, casual, ad-hoc, contractual, and the like). The legal position, relating to temporary employees, has been summarized by us, in paragraph 44 hereinabove. The above legal position which has been repeatedly declared, is being reiterated by us, yet again"
2. In view of above, respondent No.2 is directed to consider the representation of the petitioners in the light of aforesaid judgment of the Supreme Court within 30 days from the date of receipt of certified copy of this order and to pass a 3 reasoned order in accordance with law on its own merit. The petitioners are at liberty to make an additional representation, if any.
3. With the aforesaid direction, the writ petition stands finally disposed of. No order asto costs.
Sd/-
(P. Sam Koshy) Judge inder