The Odisha exchequer would be saddled with an additional burden of about Rs 4,000 crore if the Supreme Court’s recent directive on ‘equal pay for equal work’ is implemented in the State.
Notably, bringing charges against the Government of Punjab about their exploitation, several employees had moved the Supreme Court for justice. The apex court ruled, “Equal pay for equal work is an unambiguous Constitutional right vested in every employee, whether engaged on a regular or temporary basis.”
If the contractual and temporary employees are doing the same work as the permanent ones are assigned to do, why is the State Government discriminating in the matter of their wagesIJ Why won’t the contractual workers be paid equal salaries for equal workIJ asked the court.
“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,” the court said.
The court said any one, compelled to work at a lesser wage, does not do so voluntarily as he has to provide food and shelter to his family “at the cost of his self respect and dignity, self worth, and his integrity.”
“Any act of paying less wages, as compared to others similarly situate, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive as it compels involuntary subjugation,” the court said.
This is a planned exploitation of the official system; the court noted, further mentioning that the discrimination is violating the Constitutional right to equality and right to live. The court directed to implement ‘equal pay for equal work’ to all the temporary and contractual employees.
According to Article 141 of the Constitution, all the High Courts, tribunals and other courts are bound to obey the Supreme Court’s ruling. It cannot be violated by the States too.
Following the apex court verdict, the temporary and contractual employees under Groups B, C and D in Odisha are now hopeful to get equal wage for their work.
However, implementation of the court ruling would be difficult, and it would need monitoring and inspections of company records and premises. If the directive is implemented in Odisha, over Rs 4,000 crore of an additional burden would be put on the State exchequer, a senior Government official said.
Notably, out of 5,65,029 sanctioned posts in 41 departments of the State Government, a whopping 1,38,355 posts were lying vacant by end of March; and 4,26,674 employees are currently working in the departments, out of which over a lakh are working on contractual and temporary basis.