STATE OF PUNJAB & ORS. versus JAGJIT SINGH & ORS.

STATE OF PUNJAB & ORS. versus JAGJIT SINGH & ORS.

The principle of 'equal pay for equal work' applies to temporary employees performing the same duties and meeting required qualifications as regular employees. All temporary employees appointed against posts available in the regular cadre/establishment, discharging same duties as regular employees, are entitled to wages at the minimum of the pay-scale extended to regular employees. Classification based on length of service or appointment status for pay parity is unconstitutional.

Parties
Appellant: State of Punjab & Ors.; Respondent: Jagjit Singh & Ors.
Jurisdiction
India
Judgment Date
26 October 2016
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals disposed of; full bench judgment of High Court set aside; division bench judgment set aside; employees entitled to minimum of regular pay-scale without allowances.
Legal Topics
Equal Pay for Equal Work, Pay Parity of Temporary Employees, Employment Rights, Article 141 Binding Precedent, Application to Daily Wage, Ad Hoc, Casual, Contractual Employees
Labour Law Constitutional Law Equal Pay for Equal Work Pay Parity of Temporary Employees Employment Rights Article 141 Binding Precedent Application to Daily Wage, Ad Hoc, Casual, Contractual Employees

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Parties

State of Punjab & Ors.

Appellant

Jagjit Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the principle of 'equal pay for equal work' applies to temporary employees
  2. 2 Whether temporary employees performing same duties as regular employees are entitled to pay parity
  3. 3 Whether classification based on length of service for pay parity is constitutional

Ratio Decidendi

The principle of 'equal pay for equal work' applies to temporary employees performing the same duties and meeting required qualifications as regular employees. All temporary employees appointed against posts available in the regular cadre/establishment, discharging same duties as regular employees, are entitled to wages at the minimum of the pay-scale extended to regular employees. Classification based on length of service or appointment status for pay parity is unconstitutional.

Court Disposition

Appeals disposed of; full bench judgment of High Court set aside; division bench judgment set aside; employees entitled to minimum of regular pay-scale without allowances.

Orders

  • Full bench judgment in Avtar Singh v. State of Punjab & Ors. set aside.
  • Division bench judgment in State of Punjab & Ors. v. Rajinder Singh & Ors. set aside.