In the plain reading of the ruling it stated that the contractual employee shall be paid salary par with the permanent employee. In fact, most the such contractual employees found in the the category of C and D clause where they may hardly get salary that is sufficient to their livelihood how can they challenge their employer in most of the cases where employer will remove them on the one pretext or the others when they demand to give them the salary par with the permanent employee and they become jobless fi they removed. Is there any solution through State to safeguard in that situation and any punishment mentioned to those employer who will reluctant to pay or will not pay equal salary when we talk of equal pay for equal work?
Is my reading right that this judgment is a step towards abolition of the contract labour system in India ?
Secondly even though the present judgement is applicable to Central and State Govt. departments, but the judgement is binding on all Courts in India, this decision would be made applicable to even the private sector ?
Thirdly , would temporary workforce include outsourced staff ? and would the principal employer be liable for implementation of this doctrine for vendor or outsourced staff ? Kindly clarify . Regards Milan Trivedi
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In fact equal wages are indeed like your property right, when read with L chandrakumar bench decision wherein justice Krishna iyer rightly said, your 'pension' is your property as good as your wages based idea indeed, so equality is indeed a property right equally too is my considered opinion if i were in place of Kehar singh i would have said like justice krishna iyer himself.
But see today men and women though are born equal yet why there is remuneration disparity ? one needs to question, see in the USA the same problem, as men assume they are some supreme class, like muslim men, when the say they cannot accept UCC under Art 44; law invariably shall mean equality for any is the basic tenet under fundamental rights under Part III, so also under 14th amendment in the USA, yet why exploitation continues everywhere? one has to do fundamental research and rectify all disparities for achieving equality in every respect.
para 55 seems right indeed by Kehar singh and Bobde bench is my view too. In fact equality before law confirms the approach, no exploitation can be tolerated by any judicial decision.
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