Morung Express News
Dimapur | September 26
The Supreme Court, on September 24, dismissed a special leave petition (SLP) filed by the State of Nagaland challenging the judgment order passed by the Division Bench of the Gauhati High Court Kohima Bench (GHCKB), upholding the principle of ‘Equal Pay for Equal Work.’
“We see no reason or ground to interfere with the impugned orders passed by the High Court. The Special Leave Petitions are, accordingly, dismissed,” stated the order issued by the bench of Justice JK Maheshwari and Justice Rajesh Bindal.
Furthermore, any pending interlocutory applications were also disposed of by the apex court.
The SLP challenged the decision made by the Division Bench of the GHCKB on May 3, 2023, which had dismissed an appeal by the Nagaland Government against a single-judge judgment directing the State authorities to grant the minimum scale of pay to a work-charge labourer based on the equal pay for equal work principle.
Dismissing the appeal, the Bench then directed the respondent authorities to carry out the necessary actions as expeditiously as possible, and in any case, not later than three months from the date of receipt of the certified copy of the Court’s order.
Case Background
The September 24 case pertained to an initial batch of writ petitions filed by five work-charge labourers under the establishment of the Executive Engineer (PWD), Nagaland, and posted in Kiphire Divisions. The length of service for the labourers ranged from 22 to 27 years.
As their services were neither regularised nor a scale of pay granted despite their lengthy service, they filed representations to the Engineer-in-Chief, NPWD, Nagaland, Kohima, requesting the minimum scale of pay on October 20, 2021.
However, with no response or action, the petitioners approached the GHCKB seeking a direction for the respondent authorities to grant the minimum pay scale as per the judgment of the Supreme Court dated October 26, 2016 (State of Punjab & Ors. Vs Jagjit Singh & Ors).
The petitioners also cited other judgments passed by the co-ordinate Bench of the GHCKB that granted a scale of pay to similarly situated employees.
Accordingly, on August 10, 2022, a single-Bench judge, Justice Robin Phukan, disposed of the writ petitions with a direction for the respondent authorities to make a decision on the representation filed by the petitioners within a period of three months.
Thereafter, the State Government appealed against the judgment order in the Division Bench of the GHCKB.
However, the Division Bench found no merit in the State's contention and dismissed the appeal on May 3, 2023, leading to the subsequent SLP in the Supreme Court.
