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Supreme Court of India 2017-01-02 disposed

Yash Pal & Ors vs Union of India & Ors

Bench: 2 — D.Y. Chandrachud

In Brief

Twenty-nine porters engaged as casual labourers by the Indian Army in hazardous border areas challenged their exclusion from regularization and minimum pay-scales. While the Supreme Court held that it cannot mandate regularization of seasonal positions, it found that Articles 14 and 16 require enhanced compensation and dignified working conditions. The Court directed the government to finalize a comprehensive scheme within three months providing: wages matching multi-tasking staff scales, regular medical facilities, enhanced compensation for death/disability, and terminal benefits at fifteen days' salary per completed year. The Court also suggested the government consider regularizing a reasonable proportion of porters completing minimum tenure to provide security of employment.

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Constitutional Law Labour Law Equal Pay for Equal Work Social Security Armed Forces Administrative Law Writ Jurisdiction

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