Equal Pay for Equal Work for casual workers Supreme Court Judgement
No.49014/1/2017-Estt.(C) pt.
Government Of India
Ministry Of Personnel, PG & Pensions
Department Of Personnel & Training
North Block, New Delhi
Dated: 4th September,2019
OFFICE MEMORANDUM
Subject: ‘Equal Pay for Equal Work’ for casual workers: Compliance with earlier instructions and Hon’ble Court’s Judgement thereon
The undersigned is directed to refer to this Department’s O.M.No.49014/2/86-Estt.(C) dated 07.06.1988 wherein it was, inter alia, stated that:
Where the nature of work entrusted to the casual workers and regular employees is the same, the casual workers may be paid at the rate of 1/30th of the pay at the minimum of the relevant pay scale plus dearness allowance for work of 8 hours a day.
In cases where the work done by a casual worker is different from the work done by a regular employee, the casual worker may be paid only the minimum wages notified by the Ministry of Labour & Employment or the state Government /Union Territory Administration, whichever is higher, as per the Minimum Wages Act, 1948.
Persons on daily wages (casual workers) should not be recruited for work of regular nature.
2. The above instructions have been issued keeping in view the judgement of the Hon’ble Supreme Court. It is reiterated that it is the responsibility of all Ministries/Departments to follow the above instructions in letter and spirit.
(Surya Narayan Jha)
Under Secretary to the Government of India
Telefax: 23094248
