Jharkhand HC has in the case of Employer in relation to Management of Food Corporation of India vs. Employer in relation to Management of Food Corporation of India W.P. (L) No. 3745/2009 has reiterated that "Equal pay for equal work" has assumed the status of fundamental right in service jurisprudence having regard to the Constitutional mandate of equality in Articles 14 and 16 of the Constitution of India. It ensures a welfare socialistic pattern of a State providing RC equal opportunity to all employees of the state
While deciding a considering a petition for quashing the Award passed by Central Government Industrial Tribunal directing it for regularization in service of a workman, the court further said that, it is also well settled that the orders of the Tribunal can only be interfered if there is gross illegality and the order is perverse and without jurisdiction. Nothing has been argued nor brought on record to show that the order passed by the Tribunal is without jurisdiction and is full of illegality and is perverse.
The case of the petitioner, the Management is that the Respondent, a workman was appointed on 04.12.1982 purely on casual basis. Previously, the workman has never pleaded that either any appointment letter was issued to him or he was appointed against any sanctioned post or his appointment was made after following any selection procedure or through employment exchange. The workman even did not bring on record anything to show that he was having requisite qualification for being appointed to the post of Hindi Typist in Food Corporation of India. On 06.05.1984, the casual service of the workman was terminated which was challenged by him before the Central Government Industrial Tribunal No. 1 at Dhanbad. Vide Award dated 08.08.1990, the Central Government Industrial Tribunal No. 1 at Dhanbad held that the workman completed 240 days of service and since he had not been paid retrenchment compensation, so his termination of service was wrong and a direction was made for his reinstatement. After his reinstatement in service on 10.05.1991, the workman is continuing in service on casual basis.
Read Judgement here