Munna Panika vs The State Of Madhya Pradesh
2023 Latest Caselaw 1547 MP

                                                                          1
                                        IN     THE       HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                           ON THE 27 th OF JANUARY, 2023
                                                          WRIT PETITION No. 29969 of 2022

                                       BETWEEN:-
                                       MUNNA PANIKA S/O LATE SHRI PANIKA, AGED ABOUT
                                       42 YEARS, OCCUPATION: DAILY WAGES EMPLOYEE R/O
                                       VILLAGE BARMNAIYA POST BARELY POLICE STATIN
                                       GOHPARU (MADHYA PRADESH)

                                                                                                         .....PETITIONER
                                       (BY SHRI YOGESH SINGH BAGHEL - ADVOCATE)

                                       AND
                                       1.    THE STATE OF MADHYA PRADESH THROUGH
                                             THE    PRINCIPAL    SECRETARY  SCHOOL
                                             EDUCATION DEPARTMENT VALLABH BHAWAN
                                             BHOPAL (M.P.) (MADHYA PRADESH)

                                       2.    THE COMMISSIONER DIRECTORATE OF PUBLIC
                                             I N S T R U C T I O N GAUTAM NAGAR BHOPAL
                                             (MADHYA PRADESH)

                                       3.    DISTRICT EDUCATION OFFICER SHAHDOL
                                             DISTRICT SHAHDOL (MADHYA PRADESH)

                                       4.    THE   PRINCIPAL DISTRICT EDUCATION AND
                                             TRAINING     INSTITUTE DISTRICT SHAHDOL
                                             (MADHYA PRADESH)

                                                                                                      .....RESPONDENTS
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                                             This petition coming on for admission this day, th e court passed the
                                       following:
Signature Not Verified
                                                                           ORDER

SAN

Petitioner's contention is that petitioner is working as part-time labourer in Digitally signed by VAIBHAV YEOLEKAR Date: 2023.01.31 10:45:25 IST

the office of District Education Officer, Shahdol. It is his contention that the

Hon'ble Supreme Court in State of Punjab and others Vs Jagjit Singh and

others decided on 26th October, 2016 in para 56 has pointed out that India is a signatory to the International Covenant on Economic, Social and Cultural Rights, 1966. Article 7 of which provides for recognizing the right of everyone to the enjoyment of just and favourable conditions of the work which ensure, in particular :

(a). Remuneration which provides all workers, as a minimum, with:

(i). Fair wages and equal remuneration for work

of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(ii). A decent living for themselves and their families in accordance with the provisions of the present Covenant.

Taking this court through this judgment, it is submitted that State be directed to atleast provide equivalent of the minimum wages of the regular post at half the rate as is admissible to part-time workers as is admissible to the said post.

In view of the aforesaid, Shri Manas Mani Verma submits that 2016 scheme is not applicable to part-time labourers.

After hearing learned counsel for the parties and taking into consideration Signature Not Verified SAN the judgment of the Supreme Court in State of Punjab and others Vs. Jagjit Digitally signed by VAIBHAV YEOLEKAR Date: 2023.01.31 10:45:25 IST Singh and others and also being conscious of the fact that there are no

directions for part-time labourers but keeping in view the Covenant 7 of the International Covenant on Economic, Social and Cultural Rights 1966, this petition can be disposed of directing the respondents to consider the case of the petitioner for payment of half of the minimum of the pay scale applicable to the regular employees for the post on which petitioner is working as a part-time worker so that he can have a decent living for himself and his family in

accordance with the provisions of the VIIth Covenant of 1966.

Let this decision be taken by the authorities within sixty days from the date of receipt of certified copy of this order.

In above terms, the petition is disposed of.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2023.01.31 10:45:25 IST