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1 - 7 of 7 (1.01 seconds)Article 14 in Constitution of India [Constitution]
Article 37 in Constitution of India [Constitution]
Article 7 in Constitution of India [Constitution]
Dhirendra Chamoli And Anr. vs State Of U.P. on 5 August, 1985
The further classification of
casual labourers into three categories namely (i) those who
have not completed 720 days of service; (ii) those who have
completed 720 days of service and not completed 1200 days of
service and (iii) those who have completed more than 1200
days of service for purpose of payment of different rates of
wages is equally untenable. There is clearly no
justification for doing so. Such a classification is
violative of Articles 14 and 16 of the Constitution. It is
also opposed to the spirit of Article 7 of the International
Covenant on Economic, Social and Cultural Rights, 1966 which
exhorts all States parties to ensure fair wages and equal
wages for equal work. We feel that there is substance in the
contention of the petitioners
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In Dhirendra Chamoli and Another v. State of U.P.,
[1986] 1 SCC 637 this Court has taken almost a similar view
with regard to the employees working in the Nehru Yuvak
Kendras who were considered to be performing the same duties
as Class IV employees. We accordingly direct the Union of
India and the other respondents to pay wages to the workmen
who are employed as casual labourers belonging to the
several categories of employees referred to above in the
Postal and Telegraphs Department at the rates equivalent to
the minimum pay in the pay scales of the regularly employed
workers in the corresponding cadres but without any
increments with effect from 5th of February, 1986 on which
date the first of the above two petitions, namely, Writ
Petition No. 302 of 1986 was filed. The petitioners are
entitled to corresponding Dearness Allowance and Addl.
Dearness Allowance, if any, payable thereon. Whatever other
benefits which are now being enjoyed by the casual labourers
shall continue to be extended to them.
Article 32 in Constitution of India [Constitution]
Article 38 in Constitution of India [Constitution]
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