Chattisgarh High Court
Smt. Muniya Bai Bariha vs Union Of India on 7 April, 2017
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 1630 of 2017
1. Smt. Muniya Bai Bariha W/o Saiki Bariha, Aged About 56 Years Working At
Govt. Primary School Bhaisakhuri, P/s Bhawarpur, Tahsil Basna, Block
Basna, District Mahasamund (Chhattisgarh).
2. Pitarmoti Pareshwar W/o Manglu Pareshwar, Aged About 53 Years Working
At Govt. Primary School Harilchhapar, P/s Basna, Tahsil Basna, Block
Basna, District Mahasamund, Chhattisgarh.
3. Smt. Sumitra Bhoi W/o Raju Bhoi, Aged About 47 Years Working At Govt.
Primary School Padkipali, P/s Basna, Tahsil Basna, Block Basna, District
Mahasamund, Chhattisgarh.
4. Bhagau Diwan S/o Late Tirith Ram Diwan, Aged About 40 Years Working At
Govt. Primary School Bamhanidih, P/s Basna, Tahsil Basna, Block Basna,
District Mahasamund, Chhattisgarh.
5. Rajendra Bariha S/o Bhaggu Bariha, Aged About 40 Years Working At Govt.
Primary School Paserlewa, P/s Basna, Tahsil Basna, Block Basna, District
Mahasamund, Chhattisgarh.
6. Devnath Sahu S/o Sahni Sahu, Aged About 30 Years Working At Govt.
Primary School Bhawarchuwa, P/s Bhawarpur, Tahsil Basna, Block Basna,
District Mahasamund, Chhattisgarh.
7. Sattam Singh Sidar S/o Late Trinath Singh Sidar, Aged About 26 Years
Working At Govt. Primary School Loharpali, P/s Basna, Tahsil Basna, Block
Basna, District Mahasamund, Chhattisgarh.
8. Ishwarlal Sahu S/o Khemlal Sahu, Aged About 28 Years Working At Govt.
Primary School Loharpali, P/s Basna, Tahsil Basna, Block Basna, District
Mahasamund, Chhattisgarh.
9. Dayaram Sidar S/o Setram Sidar, Aged About 30 Years Working At Govt.
Primary School Karra Maniyadipa, P/s Basna, Tahsil Basna, Block Basna,
District Mahasamund, Chhattisgarh.
10. Shobharam Sahu S/o Ghasiya Ram Sahu, Aged About 33 Years Working At
Govt. Primary School Bhutha Bahra, P/s Basna, Tahsil Basna, Block Basna,
District Mahasamund, Chhattisgarh.
11. Urmila Yadav W/o Late Dharamlal, Aged About 47 Years Working At Govt.
Primary School Bhawarchuwa, P/s Bhawarpur, Tahsil Basna, Block Basna,
District Mahasamund, Chhattisgarh.
12. Smt. Devmoti W/o Thanduram, Aged About 30 Years Working At Govt.
Primary School Lalitpur Tukda, P/s Basna, Tahsil Basna, Block Basna,
District Mahasamund, Chhattisgarh.
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13. Harihar Sahu, S/o Baratram Sahu, Aged About 29 Years Working At Govt.
Middle School Bhawarchuwa, P/s Bhawarpur, Tahsil Basna, Block Basna,
District Mahasamund, Chhattisgarh.
14. Ganeshwar S/o Chandrabhanu, Aged About 37 Years Working At Govt.
Primary School Bhade Sajapali, Tahsil Basna, Block Basna, District
Mahasamund, Chhattisgarh.
15. Tiharu Bariha S/o Bahadul Bariha, Aged About 30 Years Working At Govt.
High School Jamdarha, P/s Basna, Tahsil Basna, Block Basna, District
Mahasamund, Chhattisgarh.
16. Smt. Mithila Chauhan W/o Nandkumar Chauhan, Aged About 32 Years
Working At Govt. Primary School Lohadipur, P/s Basna, Tahsil Basna, Block
Basna, District Mahasamund, Chhattisgarh.
17. Satyanand Bariha S/o Sahankar Bariha, Aged About 31 Years Working At
Govt. Primary School Gyatripur, P/s Basna, Tahsil Basna, Block Basna,
District Mahasamund, Chhattisgarh.
18. Smt. Raymoti Nishad W/o Ramlal Nishad, Aged About 47 Years Working At
Govt. Primary School Lohadipur, P/s Basna, Tahsil Basna, Block Basna,
District Mahasamund, Chhattisgarh.
19. Smt. Tarabai Bariha W/o Surit Bariha, Aged About 51 Years Working At
Govt. Primary School Bhalukona, 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, District-
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
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---- Respondents
For Petitioners : Shri Anshul R. Shrivastava, Advocate For Respondent-UOI : Shri RK Pandey, Advocate For Respondents-State : Shri Arvind Dubey, PL for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 07/04/2017
1. Learned counsel for the petitioners submits that the petitioners are working as Cook in Block Basna, District Mahasamund (Chhattisgarh) in different govt. schools, however, their grievance is common that they are paid only Rs.1200/- per month i.e. Rs.40 per day as renumeration or salary, whereas according to the notification Annexure P-2 the minimum wages prescribed in the State of Chhattisgarh is Rs.255 per day for skilled labourers, therefore, the petitioners are also entitled for such minimum wage.
2. Counsel for the Petitioners relies upon the judgment of the Supreme Court in the matter of State of Punjab & Ors. v. 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 4 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 work-charge, 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."
3. In view of above, Respondent No.2 is directed to consider the representations 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 reasoned order in accordance with law on its own merit. The Petitioners are at liberty to make an additional representation, if any.
4. With the aforesaid direction, the writ petition stands finally disposed of.
Sd/-
Judge Prashant Kumar Mishra ashu