HARBANS LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners are carpenters 1st and 2nd grade employed at the Wood Working Centre of the Himachal Pradesh State Handicraft Corporation (the "corporation"). They are termed as daily rated employees. In this petition under Article 32 of the Constitution, they are seeking enforcement of their fundamental right to have "equal pay for equal work". They demand payment in terms paid to their counterparts in regular services. They want the same pay of the regular employees as carpenters or in the alternative, the minimum wages prescribed by the Deputy Commissioner for like categories of workmen. They also seek regularisation of their services with the benefits of pension, gratuity, etc.

(2.) The Corporation has resisted the petitioners claim. The case of the Corporation is that the unit where the petitioners are working is a factory registered under the Factories Act. The petitioners are treated as industrial workmen and are given all benefits due to them under the various labour legislations. The government has not fixed the minimum wages payable to the petitioners engaged in the Corporation or other like industries, but the Corporation has adopted the minimum wages payable for similar work in the construction industry. They are being paid the same wages as are payable to carpenters, painters and carpenters helpers engaged in the construction industry. They are given bonus under the Bonus Act and provident fund benefits under the Employees Provident Fund Act. It is also stated that the petitioners are supplied with the necessary tools for carrying out their work and also working uniforms like aprons and overalls.

(3.) The Corporation has clearly stated that there are no regular employees of the petitioners categories in its establishment and, as such, the question of payment to the petitioners, the pay admissible to regular employees does not arise.