Equal pay for equal work

Equal pay for equal work

In civil appeal number 213 of 2013 the issue for consideration of the Hon'ble Supreme Court was as under:
"whether temporarily engaged employees (daily-wage employees, ad- appointees, employees appointed on casual basis, contractual employees and the like), are entitled to minimum of the regular pay-scale, along-with dearness allowance (as revised from time to time) on account of their performing the same duties, which are discharged by those engaged on regular basis, against sanctioned posts".

The Hon'ble Supreme Court held that:

"There can be no doubt, that the principle of 'equal pay for equal work' would be applicable to all the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged Government employees, holding the same post".

In so far as the contract labour is concerned, the Contract Labour (Regulation & Abolition) Act, 1970 and the rules framed thereunder regulate the employment of contract labour. Rule 25(2)(v)(a) of the Contract Labour (Regulation & Abolition) Central Rules, 1971 provides for parity as mentioned below:

in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work.

A well-established Central Industrial Relations Machinery (CIRM) is in place to enforce the Contract Labour (Regulation & Abolition) Act, 1970. The country-wide network of Deputy Chief Labour Commissioners (Central) and Regional Labour Commissioners (Central) under the control of Chief Labour Commissioner (Central) is mandated to settle the complaints/claims of the contract workers in terms of the provisions of the said Act and the Rules framed thereunder.

The above information given by the Minister of State for Labour and Employment Shri Bandaru Dattatreya in Parliament on 12.4.2017.

Regularization of Casual Labour with Temporary Status(CL-TS)-Proposals from Ministries/Departments

Regularization of Casual Labour with Temporary Status(CL-TS)-Proposals from Ministries/ Departments on -regarding

F.No.49014/3/2014- Estt(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block
Dated 16th October, 2014

OFFICE MEMORANDUM

Subject: Regularization of Casual Labour with Temporary Status(CL-TS)-Proposals from Ministries/Departments on -regarding.

The undersigned is directed to say that Casual Labourers (Grant of Temporary Status & Regularisation), Scheme of Government of India, 1993, circulated vide DOPT OM No. 51016/2/90-Estt(C) dated 10.09.1993, stipulated conditions for grant of temporary status and regularization of services to the persons recruited on daily wage basis in the Central Government Offices as on 10.09.1993. It was held in the Mohan Pal Case SLP (Civil) No. 2224/2000 that the Scheme of 1-9-93 is not an ongoing Scheme and the temporary status can be conferred on the casual labourers under that Scheme only if they were in employment on the date of the commencement of the scheme and they should have rendered continuous service of at least one year i.e. at least 240 days in a year or 206 days (in case of offices having 5 days a week). The Scheme inter-alia provided for regularization of CL-TS against Group `D’ posts.

2. Following the acceptance of the recommendation of the 6th CPC, all Group D posts have been upgraded to Group C posts. Recruitment to erstwhile Group `D’ posts placed in Group ‘C’, PB-1, Grade Pay ‘1800/- (non technical as MT Staff) is now made only through Staff Selection Commission and minimum educational qualification for appointment is Matriculation or ITI pass. Regularisation of CL-TS therefore cannot be done by the Ministries/ Departments on their own and requires relaxation of para-8 of the Appendix to the O.M. dated 10.09.1993.

3. This Department vide O.M No. 49011/31/2008-Estt(C) dated 17th February,2009 had requested all Ministries/ Department to provide information relating to CL-TS on their rolls. Information relating to 231 CL-TS was received from 29 Ministries/Departments which were processed. Since then this Department has been receiving proposals piece-meal from different

4. Department of Expenditure have now advised this Department that in order to avoid piece- meal examination of such proposals, a consolidated proposal for regularization of all such remaining CL-TS who were on the rolls of the Ministries/Departments on 10.09.1993 and yet could not be regularized may be forwarded to them for further consideration/examination. Therefore, all Ministries/Departments are requested to review the position at their establishments and send a consolidated proposals for regularization of services of such remaining CL-TS on their rolls (including attached/subordinate and autonomous bodies), if any, latest by 30.11.2014 to this Department in the enclosed format. It may be ensured that complete information in respect of the Ministry/Department and its Attached/Subordinate Offices is sent. The information may also be sent by e-mail(in MS Word) at dse@nic.in.

(J.A.Vaidyanathan)
Director(Estt.)
Telefax: 23093179

Source/View/Download: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/49014_3_2014-Estt.C-16102014.pdf