STATE OF PUNJAB & ANR. versus SURJIT SINGH & ORS.

STATE OF PUNJAB & ANR. versus SURJIT SINGH & ORS.

Daily wagers are not entitled to equal pay for equal work on par with regular employees holding similar posts, even if they have worked for long periods. This is because recruitment rules were not followed during appointments and relevant factors for invoking the doctrine were not established. The State is directed to examine the cases by appointing an Expert Committee to determine if respondents fulfill the necessary factors for application of the doctrine, including adherence to recruitment rules.

Parties
Appellant: State of Punjab & Anr.; Respondent: Surjit Singh & Ors.
Jurisdiction
India
Judgment Date
04 August 2009
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals allowed except Civil Appeal No. 7466 of 2003, which is dismissed with costs. Other appeals disposed of without costs.
Legal Topics
Equal Pay for Equal Work, Employment of Daily Wagers, Applicability of Equality Clause, Regularization of Service
Labour Law Constitutional Law Equal Pay for Equal Work Employment of Daily Wagers Applicability of Equality Clause Regularization of Service

Case Brief

Summary, issues, holding and outcome

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Parties

State of Punjab & Anr.

Appellant

Surjit Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether daily wagers are entitled to equal pay for equal work on par with regular employees.
  2. 2 What factors determine the applicability of equal pay for equal work.

Ratio Decidendi

Daily wagers are not entitled to equal pay for equal work on par with regular employees holding similar posts, even if they have worked for long periods. This is because recruitment rules were not followed during appointments and relevant factors for invoking the doctrine were not established. The State is directed to examine the cases by appointing an Expert Committee to determine if respondents fulfill the necessary factors for application of the doctrine, including adherence to recruitment rules.

Court Disposition

Appeals allowed except Civil Appeal No. 7466 of 2003, which is dismissed with costs. Other appeals disposed of without costs.

Orders

  • State directed to appoint an Expert Committee to examine whether respondents satisfy the factors for invocation of the doctrine, including recruitment rules.
  • Costs in Civil Appeal No. 7466 of 2003 payable by the State to the respondent.