MALAN KARALE Vs. ALOO CHIBBER

JUDGEMENT

(1.) The alleged violation of "equal work equal pay" doctrine is the principal grievance of the petitioners. The petitioner Nos. 1 and 2 have been working as the house-mother and helper respectively at Balkalyan nagari, a Unit of the Children's Aid Society, hereinafter for brevity's sake referred to as the 'society'. There are in all 20 house-mothers and about 25 helpers employed by Balkalyan Nagari. It is a home set up for the care and protection of destitute children upto the age of 18 years. The 3rd petitioner is a women's organization and 4th petitioner is a recognized union of the employees working in the institutions run by the Society.

(2.) The petitioners have instituted the present writ petition under Article 226 of the Constitution of India seeking appropriate reliefs mainly on the ground that though the employees in Balkalyan Nagari are doing their duties as house- mothers and helpers and doing the same work as being done by their counter parts in other institutions of the Society, they are paid salary far below the starvation wages whereas the employees in other institutions are paid salary on par with the State Government employees and they are also entitled to various other benefits and privileges like dearness allowance, and increments. They are also entitled to various other benefits like privilege leave, sick leave, casual leave and paid holidays including bonus and medical benefits. However, the employees of Balkalyan Nagari who are mainly destitute women were not extended the same benefits. The reliefs claimed by the petitioners are in the following terms :

(3.) Before dealing with the grievance made by the petitioners it would be appropriate to portray the factual background. The 1st respondent Children's Aid society is registered under the Societies Registration Act, 1860 and has also been treated as a public trust under the Bombay Public Trusts Act, 1950. The Chief minister of Maharashtra is the Ex-officio President and the Minister for Social welfare is the Vice President of the Governing Council of the Society. The society receives grants from the State. In the case of Sheela Barse vs. Secretary, children's Aid Society and ors. (1987) 3 SCC 50, the Society has been held as an instrumentality of the State and falling within the expression 'the State' within the meaning of Article 12. The Society has, therefore, to regulate its activities not only in accordance with the statutory requirements but also act in a manner satisfying the requirements of Articles 14 and 21 as also the Directive Principles of the State Policy.