Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | such paymellls to be allowed under the scheme - Secondly 14 mandamus may liot be issued to the Union government for regularization - However scheme to provide for regular medical facilities including in the case of injury or disability - Thirdly terminal benefit directed to be enhanced so as to provide for compensation not less than at rate computed at fifteen days salary for every completed year of service - Said directions to be kept in mind in the course of the finalization of scheme - Workmen s Compensation Act engaged by Indian Army as casual labour for number of years Constitution of India - Arts. 32 scheme • with the Indian proposed by the Ministry of Defence in consultation Army for providing better working conditions to the porters - Taking into consideration the said scheme 16 - Extension of principle of equal pay equal work to temporary employees - Petitioners-porters fresh look directed to be given at the aspect of payment of minimum wages so that the petitioner-porters are paid wages at par at the lowest pay-scale applicable to multi-tasking staff and further if there are provisions enabling additional payments to be made for work in high altitude or high risk/active field areas amount of compensation in case of death or permanent disability also directed to be looked at afresh and suitably enhanced - Fourthly filed writ petition seeking treatment as equal as regular employees and benefit of minimum pay-scales - Held: Consistent with the position in law and the background of the instant case in regard to regularization directions issued to the respondent-Union Government - Firstly 1923 - Regularization. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India - Arts. 32, 14, 16 - Extension of principle of equal pay equal work to temporary employees - Petitioners-porters, engaged by Indian Army as casual labour for number of years, filed writ petition seeking treatment as equal as regular employees and benefit of minimum pay-scales - Held: Consistent with the position in law and the background of the instant case in regard to regularization, mandamus may not be issued to the Union government for regularization - However, scheme proposed by the Ministry of Defence in consultation with the Indian Army for providing better working conditions to the porters - Taking into consideration the said scheme, directions issued to the respondent-Union Government - Firstly, fresh look directed to be given at the aspect of payment of minimum wages so that the petitioner-porters are paid wages at par at the lowest pay-scale applicable to multi-tasking staff and further if there are provisions enabling additional payments to be made for work in high altitude or high risk/active field areas, such payments to be allowed under the scheme - Secondly, scheme to provide for regular medical facilities including in the case of injury or disability - Thirdly, amount of compensation in case of death or permanent disability also directed to be looked at afresh and suitably enhanced - Fourthly, terminal benefit directed to be enhanced so as to provide for compensation not less than at rate computed at fifteen days salary for every completed year of service - Said directions to be kept in mind in the course of the finalization of scheme - Workmen s Compensation Act, 1923 - Regularization. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2017 INSC 8 |
Petitioner | Yash Pal & Ors. |
Respondent | Union Of India & Ars. |
SCR | [2017] 1 S.C.R. 406 |
Judgement Date | 2017-01-02 |
Case Number | 616 |
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