AIR 2016 SUPREME COURT 5176 ::2017 Lab IC 427 ::(2016) 3 CurLR 1011 ::2017 (1) SCC 148 ::(2016) 10 Scale 447 ::AIR 2017 SC (Civil) 211 ::(2017) 2 Lab LN 562 ::(2016) 4 JLJR 349 ::2016 (4) KLT SN 72 (SC) ::(2017) 1 Pat LJR 64 ::(2017) 2 ServLR 682 ::(2016) 4 SCT 641 ::(2017) 1 Gau LT 47

Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): Jagdish Singh Khehar, S. A. Bobde , JJ

(A) Constitution of India , Art.39(d)— Principle of 'Equal pay for equal work' - Invoking and consideration - Parameters - Supreme Court delineated parameters laid down by it in its earlier decisions. (Para 42) (B) Constitution of India , Art.39(d), Art.14, Art.16— 'Equal pay for equal work' - Principle is applicable to temporary employees - Claim of temporary employees, for minimum wages, at par with regularly engaged Government employees - Cannot be declined on basis of decision of Supreme Court in 2009 AIR SCW 6759 - Classification of temporary employees on basis of days of service for payment of different level of wages - Would be violative of Arts. 14 and 16. 2012 (1) Pun LR 1 (PandH), 2009 (4) SCT 88 (PandH), Overruled.AIR 1997 SC 1788, Not good law. (Para 49 50 51 52) (C) Constitution of India , Art.39(d)— 'Equal pay for equal work' - Temporary @page-SC5177employees entitled to minimum of pay scale of category to which they belong - But would not be entitled to allowances attached to posts held by them.LPA No. 1024 of 2009, D/- 30/8/2010, Affirmed with modification. ....