Recently, in the case of State of Punjab v. Jagjit Singh, (2017) 1 SCC 148, the Supreme Court has reiterated that the principle of “equal pay for equal work” expounded through various decisions of Supreme Court is also applicable to temporary employees performing the same duties and responsibilities as regular employees.
The Supreme Court held that there is no room for any doubt that the principle of “equal pay for equal work” has emerged from an interpretation of different provisions of the Constitution. The principle has been expounded through a large number of judgments rendered by the Supreme Court, and constitutes law declared by the Supreme Court. This principle is binding on all the courts in India under Article 141 of the Constitution. It is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work cannot be paid less than another who performs the same duties and responsibilities. Certainly not, in a welfare State. Such an action besides being demeaning, strikes at the very foundation of human dignity. Any one, who is compelled to work at a lesser wage does not do so voluntarily. He does so to provide food and shelter to his family, at the cost of his self-respect and dignity, at the cost of his self-worth, and at the cost of his integrity. For he knows that his dependants would suffer immensely, if he does not accept the lesser wage. Any act of paying less wages as compared to others similarly situate constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation.
The Supreme Court held that the only issue that is to be determined is whether such temporary employees were rendering similar duties and responsibilities as were being discharged by regular employees holding the same/corresponding posts. Once it is found that they were performing the similar duties and responsibilities, then the principle of equal pay for equal work will apply.
Therefore, the answer to your question is that a temporary employee is performing the similar duties and responsibilities as the regular employees, then he is entitled for similar pay.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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