STATE OF PUNJAB AND ORS. v. SURINDER SINGH AND ANR.
Tools
- Court
- Supreme Court of India
- Decided
- (year only)
- Bench
- A.K. MATHUR and MARKANDEY KA TJU
- Citation
- [2007] 11 S.C.R. 707
Source PDF (original scan)
Contains information from the Indian High Court / Supreme Court Judgments dataset, licensed under CC-BY-4.0
Headnote — Supreme Court Reports (editorial summary, not part of the judgment)
Daily wage employees-Claim for equal pay for equal work- Allowed by trial court and High Court-
Held
There should be c complete and total identity between two persons similarly situate'd so as to grant equal pay for equal work-In case ofa regular appointee, he has undergone a selection process and his services are regular- Even if a daily wage employee is discharging same functions as a regular employee, the authorities are not bound to grant equal pay to D y him as he is appointed for a short term and has not faced selection process-Orders ofHigh Court and the trial court are set aside. S. C. Chandra and Ors. v. State ofJharkhand and Ors., =JT(2007) 10 SC 272, relied on. E CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 5607- 5608 of 2001. From the Judgment and final Order dated 24.05.2000 of the fligh Court of Punjab and Haryana at Chandigarh in RSA Nos. 42-43 of2000. F Nikhil Jain and Ajay Pal for the Appellants. Neeraj Kumar Jain, Bharat Singh, Sanjay Singh, San~eep Chaturvedi, Sachin Jain and Ugra Shankar Prasad for the Respondents.
Reporter's headnote (continued) and case details
)
OCTOBER 25, 2007 B +- ~ ~ Service Law:
Judgment
The following Order of the Court was delivered G ~- ORDER
Heard learned for the parties. 707 H
p. 708
Footnotes
p. 709
In the aforesaid decision one of us (Markandey Katju, J.) in his A concurring judgment has held that granting pay scale is an executive or legislative function, and not a judicial function. There is separation of powers under the Constitution between the three organs of the State1 and the judiciary should not encroach into the domain of the other organs. Montesquieus theory of separation of powers broadly applies in India too. B In view of the legal position, as mentioned above, we are of the opinion that the view taken by the High Court granting pay scale of regular employees to the daily wage employees does not appear to be ~ell founded. Consequently, we allow these appeals and set aside the order C of the High Court as also of the Trial Court and dismiss the suits filed by the respondents herein. The appeals are allowed. No order as to costs. RP. Appeals allowed. D
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Contains information from the Indian High Court / Supreme Court Judgments dataset, licensed under CC-BY-4.0