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SUPREME COURT OF INDIA
L. NAGESWARA RAO, ANIRUDDHA BOSE, JJ.
Vice Chancellor Anand Agriculture University – Appellant
Versus
Kanubhai Nanubhai Vaghela and Anr. – Respondents
Civil Appeal No. 4443 of 2021 (Arising out of SLP (C) No.12171 of 2019) With Civil Appeal No. 4444 of 2021 (@ SLP (C) No. 11429 of 2021 @ Diary No.3021 of 2019), Civil Appeal No. 4445 of 2021 (@ SLP (C) No.15957 of 2019)
Decided On : 26-07-2021
(A) Labour and Industrial Law – Regularization – Daily Wagers – Financial stringency is not a ground to deprive daily wagers of their right for regularization in accordance to scheme – It would not be appropriate to disqualify daily wagers on the ground that they did not fulfill prescribed eligibility criteria on the date when they were engaged initially as daily wagers. (Paras 5 and 6)
(B) Service Law – Absorption/Regularization – Daily Wagers – University service – Right to be regularized in accordance with scheme continues till all eligible daily-wagers are absorbed – Obligation on part of University to implement the scheme by regularizing all eligible daily wagers continued – Eligible daily wagers in accordance with scheme have been eagerly awaiting regularization – Right of respondents for regularization has been correctly recognized by High Court – Appeals dismissed. (Paras 11, 12, 13 and 14)
Facts of the case:
The point that arises for consideration in these appeals is whether the daily wagers/respondents are entitled for regularization of their services. Appellant university engaged daily wagers at different agricultural research centres who are skilled, semi-skilled, unskilled and field labourers. The daily-wage workers have been working as plumbers, carpenters, sweepers, pump operators, helpers, masons etc. An industrial dispute was raised by the daily wagers seeking regularization of their services. The Industrial Tribunal, Rajkot directed appellant to regularize the services of all the daily-rated labourers who have completed 10 years of service as on 01.01.1993 with pay and allowances along with other benefits of the permanent Class IV employees. The writ petition filed by the appellant against the judgment of Industrial Tribunal was partly allowed by the High Court. The judgment of the industrial tribunal was set aside and appellant was directed to make payment to the workmen at the minimum of the pay scale and to frame a scheme for regularization of such daily-rated labourers. The Letter Patent Appeal filed by the management was dismissed. During the pendency of the appeal filed against judgment of the High Court by the appellant, a scheme for regularization of daily-rated labourers of Gujarat Agricultural
University was framed.
Findings of Court:
By an order dated 17.10.2011, persons similarly situated to the respondents were absorbed by being given benefit of regularization. The Division Bench of the High Court has taken note of the discriminatory approach of university in conferring the benefit of regularization to some and not to all those daily wagers who are eligible. There is no error in the Judgment of the High Court which warrants interference by this Court.
Result : Appeals dismissed.
JUDGMENT :
L. NAGESWARA RAO, J.
Leave granted.
1. The point that arises for consideration in these appeals is whether the daily wagers/respondents are entitled for regularization of their services.
2. The appellant university engaged daily wagers at different agricultural research centers who are skilled, semi-skilled, unskilled and field labourers. The daily-wage workers have been working as plumbers, carpenters, sweepers, pump operators, helpers, masons etc. An industrial dispute was raised by the daily wagers seeking regularization of their services. The Industrial Tribunal, Rajkot directed the appellant to regularize the services of all the daily-rated labourers who have completed 10 years of service as on 01.01.1993 with pay and allowances along with other benefits of the permanent Class IV employees. The writ petition filed by the appellant against the judgment of the industrial tribunal was partly allowed by the High Court. The judgment of the industrial tribunal was set aside and the appellant was directed to make payment to the workmen at the minimum of the pay scale and to frame a scheme for regularization of such daily-rated labourers. The Letter Patent Appeal filed by the management was dismissed. During the pendency of the appeal filed against the judgment of the High Court by the appellant, a scheme for regularization of daily-rated labourers of Gujarat Agricultural University was framed.
3. According to the scheme, all daily wagers who have completed 10 years or more of continuous service with a minimum of 240 days in each calendar year as on 31.12.1999 shall be regularized as regular employees with effect from 01.01.2000 and shall be placed in the time-scale of pay applicable to the corresponding lowest grade in the university subject to certain terms and conditions. One of the conditions is that the daily-rated wagers shall be eligible and must possess the prescribed qualification for the posts at the time of their appointment on daily-rated basis. It was proposed in the scheme that the regularization will be against the posts/vacancies of the relevant categories. The daily-wage employees shall be regularized in a phased manner to the extent of available regular sanctioned posts/vacancies on the date of regularization and on the basis of seniority-cum-suitability including physical fitness. Such of those daily wagers who have completed 10 years of continuous service with a minimum of 240 days in each calendar year as on 31.12.1999 but could not be regularized shall be treated as monthly rated employees w.e.f. 01.01.2000 in the fixed pay without allowances.
4. The appeal filed by the university against the judgment of the High Court was disposed of by a judgment dated 18.01.2001 in Gujarat Agricultural University vs. Rathod Labhu Bechar & Ors., (2001) 3 SCC 574. It was argued on behalf of the appellant therein that it would not be possible for the university to grant permanency to all its employees working as daily-rated workers, who have completed 10 years of service as on 01.01.1993. Therefore, the scheme proposed granting permanent status to all such employees who have completed 10 years or more of continuous service with a minimum of 240 days as on 31.12.1999. It was further contended by the university that daily wagers are not entitled to get the minimum wages of Class IV employees of the State.
5. An argument was advanced in the aforementioned appeal before this Court that all the daily wagers cannot be regularized or minimum pay scale cannot be given in view of the financial constraints. It was brought to the notice of this Court that there were 5100 daily-rated labourers. This Court rejected the said submission and observed that financial stringency is not a ground to deprive the daily wagers of their right for regularization in accordance to the scheme.
6. After considering the proposed scheme, this Court accepted the submission on behalf of the daily wagers that prescription of certain qualifications to be fu
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