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1990 Supreme(SC) 147

K. N. SAIKIA, SABYASACHI MUKHARJEE, M. M. PUNCHHI
Vijay Pal Sharma – Appellant
Versus
Delhi Administration – Respondent


ORDER

1. Having considered the facts we are of the opinion that this matter is covered by the decision of the court entitled Niadar and Another v. Delhi Administration and Another ((1992) 4 SCC 112) which was decided on September 29, 1988. In terms thereof thus, we direct the Delhi Administration to absorb the petitioners in accordance with the prepared scheme for absorbing casual labourers, which scheme has been made effective from October 1, 1988. In terms of the scheme, any casual labourer who has worked for one year or more in the Horticulture Department shall be regularised within a period of six months from today if such casual labourer is otherwise fit to be regularised under the scheme as regular employee. On that footing each casual labourer working in the department shall get salary or wages at the rate equivalent to the minimum salary paid to be regular employee in comparable posts in the Horticulture Department.

2. Learned counsel for the petitioners has also contended that the expression salary or wages used in Niadar case ((1992) 4 SCC 112) and which has been used instantly also has given rise to a doubt in the department as to whether on regularisation minimum wage i

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