Vasai-Virar City Municipal Corporation directed to ensure pay parity with interest for absorbed Gram Panchayat employees.
In a landmark judgment reinforcing the constitutional principle of "equal pay for equal work," the Bombay High Court has directed the Vasai-Virar City Municipal Corporation to grant complete pay parity to employees absorbed from erstwhile Gram Panchayats. The court found that the current practice of paying minimum wages to these employees, while regular employees performing similar duties receive full pay scales, violates Articles 14 and 16 of the Constitution of India.
The judgment, delivered by a division bench comprising Justices G.S. Kulkarni and Aarti Sathe, mandates the Municipal Corporation to calculate and disburse arrears of salaries and wages along with an 8% annual interest within four weeks. The decision underscores the constitutional goal of fair remuneration, as enshrined in Article 39(d), which advocates for equal pay for equal work, irrespective of the nature of employment.
The petitioners, initially employed by Gram Panchayats, were absorbed into the Municipal Corporation upon its formation in 2009. Despite performing duties akin to those of regular employees, they were compensated with minimum wages, prompting them to seek judicial intervention. The court's directive aligns with precedents set by the Supreme Court, notably in the cases of State of Punjab v. Jagjit Singh and Randhir Singh v. Union of India, where the principle was applied to temporary and casual workers.
The Municipal Corporation's resistance hinged on procedural irregularities in the original appointments by Gram Panchayats, which the court dismissed, asserting that the principle of equal pay should transcend procedural technicalities when similar work is performed. The court also emphasized timely compliance to prevent unnecessary litigation and uphold workers' rights.
The judgment reflects a broader judicial commitment to labor rights, reinforcing that constitutional protections extend to all employees, regardless of their mode of appointment. It sets a precedent for similar cases, advocating for equitable treatment of municipal employees across the country.
Bottom Line:
The principle of "equal pay for equal work" is a constitutional goal under Articles 14, 16, and 39(d) of the Constitution of India, and employees performing similar duties, irrespective of their mode of appointment (temporary, ad-hoc, contractual, etc.), cannot be discriminated against in terms of pay scales.
Statutory provision(s): Articles 14, 16, 39(d), and 226 of the Constitution of India.
