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E.S. VENKATARAMIAH AND S. RANGANATHAN, JJ.
Writ Petns. nos. 373 and 302 of 1986, D/- 27-10-1987.
Daily Rated Causal Labour employed under P and T Department through Bhartiya Dak Tar Mazdoor Manch, Petitioners
Versus
Union of India and others, Respondents.
Constitution of India, 1950 - Article 38(2), 37, 14, 16 - International Covenant on Economic, Social and Cultural Rights, 1966 - Labourers - Wages - Paying Lower Wages - Security Of Work - Principal complaint of petitioners is that even though many of them have been working for last ten years as casual labourers, wages paid to them are very low and far less than salary and allowances paid to regular employees of Posts and Telegraphs Department belonging to each of categories referred to above and secondly no scheme has been prepared by Union of India to absorb them regularly in its service and consequently they have been denied benefits, such as increments, pension, leave facilities etc. etc. which are enjoyed by those who have been recruited regularly - They allege that they are being exploited by Union of India - Question of security of work is of utmost importance – Where is any justification to keep persons as casual labourers for years as is being done in the Postal and Telegraphs Department - Is it for paying lower wages - Is it because you do not know that there is enough work for workers - Why dont we provide them with work - Why allow people to remain idle - Held, Court accordingly direct Union of India and other respondents to pay wages to workmen who are employed as casual labourers belonging to several categories of employees referred to above in Postal and Telegraphs Department at rates equivalent to minimum pay in pay scales of regularly employed workers in corresponding cadres - Employees belonging to skilled, semi-skilled and unskilled classes can be shifted from one department to another even if there is no work to be done in a given place - Administrators should realise that if any worker remains idle on any day, country loses wealth that he would have produced during that day - Our wage structure is such that a worker is always paid less than what he produces - So Anyway they have got to be fed and clothed - There are several types of work such as road making, railway construction, house building, irrigation projects, communications etc. which have to be undertaken on a large scale - Development in these types of activities is not keeping pace with the needs of society – Court is saying all this only to make people understand need for better management of man power, non-utilisation of which leads to inevitable loss of valuable human resources - Let us remember slogan: "Produce or Perish". It is not an empty slogan - We fail to produce more at our own peril - It is against this background that court say that non-regularisation of temporary employees or casual labour for a long period is not a wise policy - Court, therefore, direct respondents to prepare a scheme on a rational basis for absorbing as far as possible casual labourers who have been continuously working for more than one year in Posts and Telegraphs Department - Arrears of wages payable to casual labourers in accordance with this order shall be paid within four months from today - Respondents shall prepare a scheme for absorbing casual labourers, as directed, within eight months from today – Petition Disposed Of.
Judgement
VENKATARAMIAH, J. :- These petitions are filed on behalf of persons who are working as Daily Rated Casual Labour in the Posts and Telegraphs Department. The Daily Rated Casual Labour includes three broad categories of workers, namely, unskilled, semi-skilled and skilled. The unskilled labour consists of safai workers, helpers, peons etc. and are mostly engaged in digging, carrying loads and other similar types of work. The semi-skilled labour consists of carpenters, wiremen, draftsmen, A.C. mechanics etc. who have technical experience but do not hold any degree or diploma. The skilled labour consists of labour doing technical work, who hold requisite degrees/diplomas.
2. The principal complaint of the petitioners is that even though many of them have been working for the last ten years as casual labourers, the wages paid to them are very low and far less than the salary and allowances paid to the regular employees of the Posts and Telegraphs Department belonging to each of the categories referred to above and secondly no scheme has been prepared by the Union of India to absorb them regularly in its service and consequently they have been denied the benefits, such as increments, pension, leave facilities etc. etc. which are enjoyed by those who have been recruited regularly. They allege that they are being exploited by the Union of India.
3. They have produced the order of the Director General, Posts and Telegraphs Department bearing No. 28-11/77-SR/STN dated 15-5-1980 which prescribes the rate or rates of wages payable to the casual labour in the Telecommunication Wing of the Department. The relevant part of the order reads thus :
"No. 28-11/77-SR/STN
Office of the Director General Posts and Telegraphs,
New Delhi-1,
15-5-1980
To
..............................
Subject : Increase in rate of daily wages for the casual labour employed in the Telecom. Wing of P & T.
The employment of casual labour in the Telecom. Wing, who are working for a reasonably long period, on continuous basis was one of the items under discussion in the P&T Department council (JCM). The potential of absorption of the large force of casual mazdoor in regular grade was limited on the Telecommunication side. As an alternative to regular absorption it was proposed that a wage related to the minimum of the pay scale of Time-Scale Group-D cadre with the benefit of neutralisation for the rise in cost-Index as applicable to regular employees may be effected.
2. The President is now pleased to decide that the rates of daily wages for the casual labour employed in the Telecom. Wing of P&T will be as follows:-
(i) Casual labour who has not completed 720 days of service in a period of three years at the rate of 240 days per annum with the Department as on 1-4-80.
No change. They will continue to be paid at the approved local rates.
(ii) Casual labour who having been working with the Department from 1-4-77 or earlier and have completed 720 days of service as on 1-4-80.
Daily wages equal to 75% of 1/30th of the minimum of Group D time Scale plus admissible D.A.
(iii) Casual labour who has been working in the Department from 1-4-1975 or earlier and has completed 1200 days of service as on 1-4-1980.
Daily wages equal to 1/30th of the minimum of the Group D Time Scale plus 1/30th of the admissible D.A.
(iv) All the casual labourers will, however, continue to be employed on daily wages only.
(v) These orders for enhanced rates for category (ii) and (iii) above will take effect from 1-5-80.
(vi) A review will be carried out every year as on the Ist of April for making officials eligible for wages indicated in paras (ii) and (iii) above.
(vii) The above arrangement of enhanced rates of daily wages will be without prejudice to absorption of casual mazdoors against regular vacancies as and when they occur .........................
Sd/-
(M. S. Yegneshwaran)
Asst. Director General (Stn.)"
The above order is followed by another or
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