1. Regularization and payment of wages for daily wage employees upon completion of five years of continuous service. (Para 1 )
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1998 Supreme(SC) 180
Supreme Court Of India
S.C.AGRAWAL, K.VENKATASWAMI AND AJAY PRAKASH MISRA, JJ.
DISTT.COLLECTOR/chairman
Versus
T.DEVENDERPAL SINGH
Petn. (s) for Spl. Leave to Appeals (Civil) 27275 Of 1995
Decided On : February 6, 1998
Important Points
Employees completing five years of continuous service should be considered for regularisation and paid wages at par with permanent employees of that category, in accordance with the relevant government order.
Subject
Employment Law - Wages and Regularisation
Act Referred
Headnote
Regularisation - Payment of Wages - The court affirmed with modification the order for regularisation and payment of wages to employees who were employed on a daily wage basis. It directed that employees who completed five years of continuous service should be considered for regularisation and paid wages at par with permanent employees of that category, in accordance with G. O. Ms. No. 212 dated 22/04/1994. The court clarified that regularisation should be based on the conditions laid down in the G. O. Ms. No. 212.
Fact of the Case:
The case relates to the regularisation and payment of wages to employees employed on a daily wage basis.
Finding of the Court:
The court affirmed with modification the order for regularisation and payment of wages, directing that employees who completed five years of continuous service should be considered for regularisation and paid wages at par with permanent employees of that category, in accordance with G. O. Ms. No. 212 dated 22/04/1994.
Issues: Regularisation and payment of wages to employees employed on a daily wage basis.
Ratio Decidendi: Employees who completed five years of continuous service should be considered for regularisation and paid wages at par with permanent employees of that category, in accordance with G. O. Ms. No. 212 dated 22/04/1994. Regularisation should be based on the conditions laid down in the G. O. Ms. No. 212.
Final Decision: The court disposed of the special leave petitions accordingly, with no costs.
Legal Category Hierarchy
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administrative law
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service law
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regularization of employees
- daily wage workers (Para 1)
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regularization of employees
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service law
Table of Contents
2. Dispute regarding the entitlement to regularization and the commencement date for payment of wages for daily wage employees. (Para 1 )
3. The court found that employees completing five years of continuous service should be regularized and paid wages at par with permanent employees per government guidelines. (Para 1 )
4. Regularization and wage parity for daily wage employees are granted from the date of completion of five years of continuous service, subject to satisfying government order conditions. (Para 1 )
5. Special leave petitions disposed of, affirming the direction for regularization and wage payment from the date of completion of five years' continuous service. (Para 1 )
6. Under what conditions can daily wage employees be regularized and receive wages at par with permanent employees?
Daily wage employees can be regularized and receive parity in wages if they have completed five years of continuous service and satisfy the other conditions specified in the applicable government order. (Para 1 )
( 1 ) WE have heard the learned counsel for the parties. These matters relate to regularisation and payment of wages to the respondents who were employed on daily wage basis. By the impugned judgment the Division Bench of the High Court, while affirming with modification the order passed by the learned single Judge has directed that all employees who have completed five years of continuous service should be considered for regularisation in accordance with the terms of G. O. Ms. No. 212 dated 22/04/1994 and that they should be paid their wages at par with the wages paid to the permanent employees of that category. As regards payment of wages there is no dispute between the parties that the same have to be paid from the date of regularisation. In so far as regularisation is concerned, we are of the view that the High Court has rightly directed that on the basis of the Notification G. O. Ms. No. 212, the respondent employees shall be regularised will effect from the date or dates, they completed five years' continuous service. It is, however, made clear that the other conditions laid down in the said G. O. Ms. No. 212 will have to be satisfied for the purpose of regularisation. The special leave petitions are disposed of accordingly. No costs. Order accordingly.
