Court mandates compliance with Government Order ensuring parity in wages for Nominal Muster Roll employees within two months.
In a significant judgment, the Madras High Court has reaffirmed the entitlement of Nominal Muster Roll (NMR) workers employed under the Public Works Department (PWD) and Water Resources Department (WRD) in Tamil Nadu to receive equal pay for equal work. The court dismissed a review application by the State of Tamil Nadu, asserting that NMR workers, irrespective of their engagement through contractors, are entitled to benefits under Government Order (GO) Ms. No. 233, dated December 6, 2019.
The case, titled "State of Tamil Nadu v. K. Kalamani and Ors.," revolved around the rights of NMR workers who have been serving continuously and were excluded from the benefits accorded to similarly placed workers. The High Court bench, comprising Mr. S.M. Subramaniam and Mr. Shamim Ahmed, dismissed the state's plea, emphasizing the importance of adhering to Article 39(d) of the Constitution of India, which advocates for equal pay for equal work.
The court observed that the NMR workers, who were engaged on a daily wage basis, had their names verified and approved by an expert committee, indicating their eligibility for regularization and equal pay. Despite their engagement through contractors, the court ruled that this does not negate their right to receive the benefits outlined in the GO.
The judgment directed the appellant department to implement the benefits as per GO.Ms.No.233 within two months, ensuring that these workers receive the minimum time scale of pay of Rs.18,500 per month, aligning with the pay of other similarly placed workers.
The court also reiterated the limited scope of a review under Order 47, Rule 1 of the Civil Procedure Code, 1908, emphasizing that a review is not an appeal and cannot be used to rehear or re-argue the matter. The state's attempt to challenge the order on the grounds of workers being engaged through contractors was dismissed, as the court found no error apparent on the face of the record.
This decision reinforces the legal stance on equal pay and highlights the judiciary's role in safeguarding workers' rights, ensuring that government directives aimed at achieving parity in wages are implemented effectively.
Bottom Line :
Daily wage workers engaged as Nominal Muster Roll (NMR) employees under Public Works Department (PWD) or Water Resources Department (WRD) are entitled to equal pay for equal work as per Government Order (GO) Ms. No. 233, dated 06.12.2019, even if their engagement was through contractors, provided their continuous service is established.
Statutory provision(s): Article 39(d) of the Constitution of India, Civil Procedure Code, 1908 - Order 47, Rule 1
State of Tamil Nadu v. K. Kalamani, (Madras)(DB) : Law Finder Doc id # 2963473
