Implementing SC order on equal wages to temporary staff, big challenge for Badal govt in Punjab

Punjab News Express/Satinder Bains
CHANDIGARH: At a time when Punjab Government led by Parkash Singh Badal is under heavy debt of over Rs.1.50 lakh crores and already facing the wrath of its employees for denying them regular wages and allowances, the Supreme Court has ordered the Punjab Government to pay wages to temporary employees at par with regular staff members under equal work-equal pay principle.

The SC has pronounced the decision which would have its bearing on all the states on a petition filed by the temporary employees of Punjab hired by government on lesser wages. Punjab and Haryana High Court had dismissed the plea of Punjab temporary employees which is now allowed by the Supreme Court.

The Supreme Court bench headed by Justice JS Khehar ruled that temporary workers are entitled to wages at par with permanent employees. The decision would benefit lakhs of employees engaged by center and state governments and its agencies across the country.

The Supreme Court has said that India must follow the equal pay for equal work principle because it was a signatory of International Covenant on Economic, Social and Cultural Rights.

With the assembly elections due next year in Punjab, it is major challenge before the Punjab Government to implement the Supreme Court decision. Delhi Chief Minister and AAP convener Arvind Kejriwal who has high stake in the Punjab elections has announced to implement the decision immediately and told the SAD-BJP government to implement it. SAD-BJP government can't deny the rightful salaries to its temporary employees. Even as Punjab Government has taken a decision to regularise about 27,000 contractual employees with three years service and convert the outsourced employees to be contactual employees of government, there are large number of temporary employees engaged by the state government who are not covered under the scheme. It would mean an extra burden of millions of rupees or loss of credibilily in the election year.

The judgement read, “In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity.”

“There can be no doubt, that the principle of equal pay for equal work would be applicable to all the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged government employees, holding the same post,” the SC bench said.

The rule of equal work-equal pay, it said, constitutes a clear and unambiguous right vested in every employee — whether engaged on regular or temporary basis. The principle has been underscored in various judgments rendered by the SC and is law of the land.

“Any one, who is compelled to work at a lesser wage, does not do so voluntarily. He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his integrity. For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage,” read the verdict.