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4. It is submitted that the impugned award has been passed without even enquiring or comparing the nature of duties being performed by the contractual workers and regular employees of the petitioner as well as without ascertaining if any regular employee at all existed against all the work/post for which the contract workers were engaged.

5. It is submitted that the learned Labour Commissioner has not made any enquiry to ascertain whether the nature of work performed by the workers engaged by the outsourced agencies were similar to the nature of duties being performed by the regular employees of the petitioner.

6. It is submitted that the learned Labour Commissioner has further failed to appreciate that there was no material placed on its record to show that the nature of work being performed by the contract workers were similar to the duties performed by the regular employees.

7. It is submitted that the impugned award has been passed in a mechanical and pre-determined manner without applying judicial mind, thereby, arbitrarily holding that the contract workers engaged by the outsourced agencies were entitled to grades of respective levels with Dearness Allowance (hereinafter "DA") @ 5% as applicable to the workmen directly employed by the petitioner hospital.

26. It is submitted that denial of the principle of equal pay for equal work is an infringement of the workers‟ fundamental rights and in this regard, the same tantamount to violation of the law settled by the Hon‟ble Supreme Court in Jagjit Singh (Supra), wherein, it was held that the contract workers should get the same pay as permanent workers.

27. It is submitted that as per the agreement entered into between the petitioner, i.e., the principal employer and the contractor; more particularly in the present case the Clause 25 thereunder, which states that it is the petitioner who decides the rate of wages to be paid to the contractual employees.

38. A bare perusal of the above states that the learned Labour Commissioner granted the reliefs to the workmen Union as per their prayer made in application dated 14th August, 2017 under Rule 25 (2) (V) (a) of the CLRA. It held that the contract workers engaged by the petitioner through the contractor agencies and working in the petitioner establishment, i.e., 223+223 contract workers deployed in housekeeping including 500 security guards, 48 QTR guards and 21 supervisors for security services; 265 workmen as HMTS, nursing attendant, stretcher bearer and housekeeping workers are entitled to the grade of Level-1 (Rs. 18,000/- - Rs. 56,000/- + DA @ 5% + allowance). It further held that the DEO and UDCs deployed by the contractors for the respective contract period with each contractors are entitled for the pay as per grade of Level-4 (Rs. 21,700/- to Rs. 81,100/- + DA @ 5% + allowance).