(1.) CWP No.14796 of 2003 has been placed before this Bench in terms of the order passed by the learned Single Judge of this Court for consideration of issue of "equal pay for equal work" in respect of daily wage employees of the State Government by the Larger Bench in view of the contrary opinion expressed by two Division Benches of this Court. CWP No.8903 of 2010 and 22092 of 2010 have been ordered to be listed along with CWP No.14796 of 2003. However, for facility of reference, the facts are taken from CWP No.14796 of 2003.
(2.) The issue is whether a work-charge/ daily wage employee, is entitled to minimum basic pay and/or Dearness Allowance in regular pay scale in view of the assertion of the writ petitioners that they are doing the same work as is performed by a incumbent holding regular sanctioned post. Therefore, the action of discrimination in the matter of payment of pay is not sustainable on the touch stone of Article 14 of the Constitution of India.
(3.) One Division Bench of this Court in LPA No.337 of 2003 titled "State of Punjab and others Vs. Rajinder Singh and others" decided on 07.01.2009 has set aside the judgment of the learned Single Judge in CWP No.1536 of 1988 titled "Rajinder Singh and others Vs. State of Punjab and others" decided on 05.02.2003. The learned single Judge has directed the State to pay to the writ petitioner's minimum of the pay scale as revised from time to time with permissible allowances which are being given to the similarly placed regular employees for the last three years prior to the date of filing of the writ petition relying upon the Hon'ble Supreme Court judgment in State of Haryana and others Vs. Piara Singh and others, 1992 4 SCC 118 and on the basis of order passed in Civil Appeal No.4492 of 1997 titled "State of Punjab Vs. Devinder Singh" decided on 21.07.1997.
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