Press Information Bureau
Government of India
Ministry of Shipping

28-April, 2020

Rs. 50 lakh compensation declared for the Port employees / workers in case of loss of life due to COVID-19

All port employees including contractual labourers employed directly by the Port and other contractual employees are covered

Ministry of Shipping has decided that all the Major Ports may grant compensation / Ex-Gratia in the event of loss of life due to COVID-19 to the dependent members / legal heirs of the port employees as under:

Monetary Compensation is declared to cover the risk of life due to COVID-19 contamination while discharging the Port related duty. Port Chairman is the competent authority for the settling claims / disbursement of the compensation / Ex-Gratia and verifying authority for the cause of death from COVID-19. This compensation is applicable only for the pandemic of COVID-19 and shall be in force up to 30.09.2020, subject to review thereafter.

PIB

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GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
RAJYA SABHA

STARRED QUESTION NO. 346
TO BE ANSWERED ON 28.03.2018

EQUAL PAY FOR DAILY WAGERS/CONTRACT LABOURERS AND REGULAR EMPLOYEES

346. DR. SATYANARAYAN JATIYA:
Will the Minister of LABOUR AND EMPLOYMENT be pleased to
state:
(a)the policy of “equal pay for equal work” and the effective measures taken for the implementation of the same; and
(b)in reference to (a) above the measures taken to ensure equal payment to daily wagers and contract labourers employed in institutes, establishments and companies of Government and
private sector as is being given to regular employees employed there?

ANSWER
MINISTER OF STATE(IC) FOR LABOUR AND EMPLOYMENT
(SHRI SANTOSH KUMAR GANGWAR)

(a) & (b): The principal of “equal pay for equal work” was examined and laid down by the Hon‟ble Supreme Court in the civil appeal number 213 of 2013. The issue before the Hon‟ble Supreme Court was as under:
“whether temporarily engaged employees (daily-wage employees, ad- appointees, employees appointed on casual basis, contractual employees and the like), are entitled to minimum of the regular pay-scale, alongwith dearness allowance (as revised from time to time) on account of their performing the same duties, which are discharged by those engaged on regular basis, against sanctioned posts”

The Hon‟ble Supreme Court held that:
“There can be no doubt, that the principle of “equal pay for equal work” would be applicable to all the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged Government employees, holding the same post”

The above judgement of the Hon’ble Supreme Court dated 26th October, 2016 covers various sets of temporarily engaged employees, viz. daily-wage employees, adappointees, employees appointed on casual basis, contractual employees etc. It is mandatory for the employer/principal employer to comply with the provisions of labour laws and apply the ratio laid down by the Hon’ble Supreme Court regarding “equal pay for equal work” while paying wages to its workers/labourers.

In so far as the contract labour is concerned, the Contract Labour (Regulation & Abolition) Central Rules, 1971 provides for wage parity as stipulated in rule 25(2)(v)(a) which is reproduced below:

“in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work”

Source: www.rajyasabga.nic.in

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Ministry of Labour & Employment

Casual and Contract Labourers

Estimated number of contract labourers engaged by licenced contractors in central sphere all over India including the industrial sector in the last three years is as under which shows an upward trend:

Under the Contract Labour (Regulation & Abolition) Act, 1970, both Central and State Governments are the ‘Appropriate Government’.  The Contract Labourers are engaged by an Establishment as per the terms of contract and requirement and   no centralized data is maintained with respect to number of contract labour deployed in the country industry or sector-wise.

This information was given by Minister of State for Labour & Employment Shri  Kodikunnil Suresh in the Lok  Sabha today in reply to a written question.

Source: PIB News

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