Equal Pay for Equal Work for Temporary Nurses in AIIMS: Delhi High Court

On 05 October 2023, In a significant ruling, the Delhi High Court has upheld the principle of “equal pay for equal work” for temporary nurses working at the All India Institute of Medical Sciences (AIIMS). The judgment, delivered on October 5, 2023, sets a precedent for ensuring fair compensation to temporary employees who perform duties equivalent to their regular counterparts.

The Hon’ble Justices V. Kameswar Rao and Anoop Kumar Mendiratta delivered the judgment, emphasizing the importance of recognizing the valuable service provided by hospital nurses and the need to ensure equitable compensation.

The High Court referred to the Supreme Court’s precedent in the case of Jagjit Singh (2017) 1 SCC 148, which established that employees engaged in similar work cannot be paid less than regular employees. The principle of “equal pay for equal work” applies to all employees, whether engaged on a regular or temporary basis.

The court highlighted the critical role played by nurses In hospitals, stating, “Nurses working in hospitals provide a very valuable humanitarian service; their duties are manifold… It would be a travesty of justice if such people are denied adequate compensation for their services.”

As a result of this judgment, the petitioners, who were temporary nurses at AIIMS, will now be entitled to receive wages at the minimum of the pay scale applicable to regular employees, along with Dearness Allowance. The order also specifies that this entitlement is effective from the date of filing the Original Application (OA), without interest.

The decision comes after a long-standing legal battle, with the High Court setting aside the order of the Central Administrative Tribunal, Principal Bench, New Delhi, which had dismissed the petitioners’ claims for equal pay.

This ruling not only ensures fair remuneration for temporary nurses but also sets a precedent for similar cases involving temporary employees across various sectors. It underscores the commitment to uphold the dignity and rights of employees engaged in vital roles within organizations.

Representing the petitioners, Ms. Kamlakshi Singh and Ms. Divya Chawla, Advocates, argued passionately for equal pay, citing the Supreme Court’s position on the matter. On the other hand, Mr. Tanveer Oberoi, Advocate for AIIMS, contended that the principle of equal pay should not be translated into a mathematical formula and that the burden of proving parity lies with the employees.

With this judgment, the Delhi High Court has taken a significant step towards ensuring fair wages and equal treatment for temporary employees, setting a precedent for equity in the workplace.

Date of Decision: October 05, 2023

SITA MUNDU & ANR  vs ALL INDIA INSTITUTE OF MEDICAL  SCIENCES