Chattisgarh High Court
Smt. Lileshwari Sen vs Union Of India on 18 April, 2022
1
N/AFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 2623 of 2022
1. Smt. Lileshwari Sen W/o Gajmohan Sen, Aged About 23 Years Working As
Cook At Govt. Primary School Dharampur, Block Bagbahara, District
Mahasamund (Chhattisgarh) R/o Ward No. 1, Village Sanhar, Block
Bagbahara, District Mahasamund (Chhattisgarh),
2. Smt. Sukwantin W/o Punaram, Aged About 35 Years Working As Cook At
Govt. Primary School Mudhena, Block Mahasamund, District Mahasamund
(Chhattisgarh),
3. Manki D/o Rameshar, Aged About 30 Years Working As Cook At Govt.
Primary School Mudhena, Block Mahasamund, District Mahasamund
(Chhattisgarh),
4. Smt. Rukhmani Singh W/o Santosh, Aged About 45 Years Working As
Cook At Govt. Primary School Mudhena, Block Mahasamund, District
Mahasamund (Chhattisgarh) R/o Village Mudhena, Post Belsoda, District
Mahasamund (Chhattisgarh),
5. Smt. Lila Bai Nayak W/o Dhanushdhari Nayak, Aged About 40 Years
Working As Cook At Govt. Middle School Pacheda, Block Bagbahara,
District Mahasamund (Chhattisgarh) R/o Village Pacheda, Post Pacheda,
Block Bagbahara, District Mahasamund (Chhattisgarh),
6. Smt. Jyoti Bai Mahanand W/o Santosh Mahanand, Aged About 37 Years
Working As Cook At Govt. Primary School Pacheda, Block Bagbahara,
District Mahasamund (Chhattisgarh) R/o Village Pacheda, Post Pacheda,
Block Bagbahara, District Mahasamund (Chhattisgarh), District :
Mahasamund, Chhattisgarh
7. Smt. Kiran Thakur, W/o Liladhar, Aged About 32 Years Working As Cook At
Govt. Primary School Birajpali, Block Bagbahara, District Mahasamund
(Chhattisgarh) R/o Ward No. 1 Village Sanhar, Bagbahara, District
Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh
8. Smt. Lalita Parmar W/o Radheshyam Purena, Aged About 38 Years
Working As Cook At Govt. Middle School Patelapali, Block Bagbahara,
District Mahasamund (Chhattisgarh) R/o H.No. 5 Ward No. 1, Post B.K.
Bahara, Paterapali, Bagbahara, District Mahasamund (Chhattisgarh),
District : Mahasamund, Chhattisgarh
9. Smt. Purnima Thakur W/o Manish Thakur, Aged About 21 Years Working
As Cook, Govt. Primary School Paterapali, Block Bagbahara, District
Mahasamund (Chhattisgarh) R/o Ward No. 11, Village Paterapali Post B.K.
Bahara, Block Bagbahara, District Mahasamund (Chhattisgarh), District :
Mahasamund, Chhattisgarh
10. Smt. Tulsa Yadav W/o Tilak Yadav, Aged About 50 Years Working As
Cook, Govt. Primary School Paterapali, Block Bagbahara, District
Mahasamund (Chhattisgarh) R/o Ward No. 1, Village Paterapali Post B.K.
Bahara, Block Bagbahara, District Mahasamund (Chhattisgarh), District :
Mahasamund, Chhattisgarh
---- Petitioners
Versus
2
1. Union Of India Through The Secretary Ministry Of Human Resources
Development, Department Of School Education And Literacy, Mid Day
Meal Division, Shashtri Bhawan New Delhi., District : New Delhi, Delhi
2. State Of Chhattisgarh Through Secretary, Department Of Education
Mahanadi Bhawan, Mantralaya Naya Raipur, District Raipur Chhattisgarh.,
District : Raipur, Chhattisgarh
3. The Secretary, Department Of Finance Mahanadi Bhawan, Mantralaya
Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
4. The Director School Education Directorate School Education, Shiksha
Parisar, Pension Bada, Raipur District Raipur Chhattisgarh, District :
Raipur, Chhattisgarh
... Respondent(s)
For Petitioner(s) : Mr. Amit Kumar Sharma
For Respondent(s)/UoI : Mr. Ramakant Mishra, ASG.
For Respondent(s)/State : Mr. Ali Asgar, Dy. A.G.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
[18/04/2022]
1. Learned Counsel for Petitioners submits that the Petitioners are
working on the post of Cook. Petitioner No. 1 is working in Govt. Primary
School Dharampur, Block Bagbahara, District Mahasamund. Petitioners No.
2, 3 & 4 are working in Govt. Primary School Mudhena, Block
Mahasamund, District Mahasamund. Petitioners No. 5 & 6 are working in
Govt. Middle School Pacheda, Block Bagbahara, District Mahasamund.
Petitioner No. 7 is working in Govt. Primary School Birajpali, Block
Bagbahara, District Mahasamund. Petitioners No. 8, 9 & 10 are working in
Govt. Middle School Patelapali, Block Bagbahara, District Mahasamund
The petitioners are being paid only Rs.1500/- per month i.e., Rs.50/- per
day, whereas, they are entitled for Rs.306.67/- per day as per the minimum
wages prescribed by the State Government vide Schedule-C (Annexure P-
2).
2. Learned Counsel for Petitioners in this regard relies upon the
Judgment of the Hon'ble Supreme Court rendered in the case of "State of
Punjab & Ors. Vs. Jagjit Singh & Ors.", decided on 26.10.2016, wherein
the Apex Court holding that the principle of 'equal pay for equal work' would
also be applicable to all the temporary employees, has held as under :-
"54. 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 this Court, and constitutes law
declared by this Court. The same is binding on all the courts in India,
under Article 141 of the Constitution of India. The parameters of the
principle, have been summarized by us in paragraph 42 hereinabove. The
principle of 'equal pay for equal work' has also been extended to
temporary employees (differently described as work charge, daily wage,
casual ad hoc, contractual, and the like). The legal position, relating to
temporary employees, has been summarized by us, in paragraph 44
hereinabove. The above legal position which has been repeatedly
declared, is being reiterated by us, yet again".
3. Learned State Counsel only raises an apprehension that it needs to
be verified if the Petitioners are at present discharging the duties of Cook or
not, as it has not been reflected in the pleadings whether they are still
continuing in service or not.
4. Be that as it may, the consideration of the claim of the Petitioners
would be subject to due verification of facts, both so far as the fact that
whether the Petitioners are still working under the concerned Respondent
and whether the Petitioners are being paid less than the minimum wages
prescribed.
5. In view of above, the Respondent No.2 is directed to consider the
representation of the Petitioners in the light of the Judgment of the Hon'ble
Supreme Court in Jagjit Singh (supra) and pass a reasoned Order in
accordance with law, on its own merits, within a period of 30 days from the
date of receipt of certified copy of this Order. Petitioners are at liberty to
make an additional representation, if they so want.
6. With the aforesaid, the Writ Petition stands disposed of.
Sd/-
(P. Sam Koshy)
Judge
Jyoti
