High Court Orders Payment of 1/30th Pay to all DRMs

Port Blair, Dec 26: The Hon’ble High Court at Calcutta, Circuit Bench Port Blair, on 13th December, 2019 in Writ Petition No. 268 of 2018 (Andaman Sarvajanik Nirman Vibhag Mazdoor Sangh and another –vs-The Lt. Governor & Others) (APWD case) has pronounced an historical judgments in respect of daily rated mazdoors working in the Andaman Public Works Department.
According to a press release issued by Mr. B.Chandrachoodan, General Secretary, CITU, A & N State Unit the Hon’ble High Court ordered that “a Daily Rated Casual Worker engaged by the Andaman and Nicobar Administration in any department, will be entitled to 1/30th of the pay at the minimum of the relevant pay scale plus dearness allowance for work of eight hours a day on every day of their engagement on and from June 7, 1988.”
The Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training), New Delhi vide Office memorandum bearing No. 49014/2/86 Estt (C) dated 7th June, 1988 had dealt with the issue of payment to the daily rated casual workers engaged by the authorities. It was, inter alia, provided that where the nature of work entrusted to casual workers and regular employees is 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 Allowances for work of eight hours a day.
“The Andaman & Nicobar Administration circulated the said Office Memorandum among all the Heads of Departments/ Offices under it with a direction to comply with the same strictly. Since then, the CITU and unions affiliated to it have been demanding the Andaman & Nicobar Administration to implement the contents of the said Memorandum of the Government of India and allow the wages calculated on the basis of 1/30th of pay plus DA at the minimum of pay scale to the daily rated mazdoors working in various departments under the Administration. Following this, the Andaman and Nicobar Administration vide Office Memonraudm No. 289 dated 22nd September, 2017 of the Additional Secretary-cum- Labour Commissioner directed all the establishments under the Administration to allow the wages on the basis of 1/30th of pay plus DA at the minimum of relevant scale of pay to all the daily rated mazdoors working under them. However, while issuing the said Office Memorandum, the A & N Administration has made conditions that 1/30th of pay plus DA scheme will be applicable only to those daily rated mazdoors who are working against a sanctioned post. It was also stipulated that the benefit of the new calculation of payment of wages will be applicable from the date of issue of the Office Memorandum i.e. 22nd September, 2017,” the release added.
The release further said that while dealing with the stipulation of casual mazdoor working against sanctioned post, the Hon’ble High Court, resorting to the principle of equal pay for equal work, said that “an intelligible diffentitation cannot be brought about between a daily rated casual worker engaged to do work against a sanctioned post and a worker engaged to do work against a post which is not sanctioned.” The Hon’ble High Court further said that “Therefore, it would be appropriate to read the memorandum dated September 22, 2017 so as to conform with the Office Memorandum dated June 7, 1988 and the principle that there must be equal pay for equal work.” While elaborately dealing with the condition in the OM dated 22nd September, 2017 issued by the A & N Administration that 1/30th of pay plus DA will be applicable only from 22nd Septmeber, 2017, the Hon’ble High Court directed that “In such circumstances, the Office Memorandum No. 289 dated September 22, 2017 is clarified to mean that all Daily Rated Workers engaged by Andaman and Nicobar Administration will be paid at the rate of 1/30th of the minimum pay of the relevant pay scale plus dearness allowance for work of eight hours a day, for the days of their engagement on and from June 7, 1988.”
“With the implementation of the instant order, all the daily rated mazdoors working in any department/organization under the Andaman & Nicobar Administration will be eligble for payment of their wages calculated on the basis of 1/30th of pay plus DA at the minimum of relevant scale of pay. Thousands of daily rated mazdoors working in various departments including APWD will be entitled to get the above benefits following the order dated 13th December, 2019 of the Hon’ble High Court. The CITU, Andaman and Nicobar State Committee calls upon the Administration to implement the contents of the said order immediately for the benefits of the workers,” the release said.