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2021 (3) TMI 1365 - HC - Income TaxCriteria of payment of minimum wages - Temporary employees entitlement to regular pay-scale on account of their performing the same duties, which are discharged by those engaged on regular basis - Employees of outsourced service providing agency - Employment as daily wages casual workers and they shall be paid minimum wages/salary equal to those employees who are working as daily wages casual workers - casual workers have been engaged through outsourcing agency - whether temporary engaged employees (daily-wage employees, ad-hoc appointee, employees appointed on casual basis, contractual employees and the like) are entitled to minimum of the regular pay-scale on account of their performing the same duties, which are discharged by those engaged on regular basis? - writ-petitioners are employees of outsourced service providing agency and secondly, a large number of casual workers have been engaged through outsourcing agency and they will also claim the same benefit of parity in their wages - HELD THAT:- In Sabha Shanker Dube vs. Divisional Forest Officer and Others [2019 (4) TMI 228 - SUPREME COURT] Hon’ble Supreme Court observed that, “The issue that was considered by this Court in Jagjit Singh [2020 (10) TMI 1323 - UTTARAKHAND HIGH COURT] is whether temporary employees (daily wage employees, ad-hoc appointees, employees appointed on casual basis, contractual employees and likewise) are entitled to the minimum of the regular pay scales on account of their performing the same duties which are discharged by those engaged on regular basis against the sanctioned posts. After considering several judgments including the judgments of this Court in Tilak Raj (State of Haryana vs. Tilak Raj - 2003 (7) TMI 741 - SUPREME COURT]) and Surjit Singh (State of Punjab vs. Surjit Singh [2009 (8) TMI 1270 - SUPREME COURT]), this Court held that temporary employees are entitled to draw wages at the minimum of the pay-scales which are applicable to the regular employees holding the same post.” In the light of the above discussions and in view of the law laid down by the Hon’ble Supreme Court, we are of the considered view that the learned Single Judge has not erred in passing the impugned judgment. We do not find any perversity and infirmity in the impugned judgment warranting interference. Therefore, this Court does not find any merit in the present appeals. All these three Special Appeals are liable to be dismissed at the admission stage.
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