1991 Supreme(Raj) 824
RAJASTHAN HIGH COURT AT JAIPUR BENCH
I.S.Israni, J.
Prabhu Dayal Sharma - Appellant
Versus
State of Rajasthan and other - Respondent
S.B. Civil Writ Petition No. 3380 of 1989.
Decided On : 29-08-1991
Daily wage employees who have worked for a considerable length of time and gained sufficient experience in their respective posts can be confirmed in those posts, even if they lack the prescribed educational qualifications.
Headnote:
REGULARIZATION OF DAILY WAGE EMPLOYEE - RAJASTHAN GOVERNMENT PRESSES SUBORDINATE SERVICE RULES, 1973 - SECTION 33(C) (2) OF THE INDUSTRIAL DISPUTES ACT, 1947 - DOCTRINE OF 'EQUAL WAGES FOR EQUAL WORK' - CONFIRMATION OF DAILY WAGE EMPLOYEE - QUALIFICATION REQUIREMENTS - EXPERIENCE AS A FACTOR - BHAGWATI PRASAD V. DELHI STATE MINERAL DEVELOPMENT CORPORATION - SUMMARY
Fact of the Case:
Petitioner, a daily wage employee working as a packer since 1963, sought regularization of his services and payment of regular pay scale. He was initially appointed verbally and later regularized under the Rajasthan Government Presses Subordinate Service Rules, 1973. However, he was denied the minimum pay scale of a packer and was paid Rs. 22/- per day for 26 days in a month.
Finding of the Court:
The court held that the petitioner was entitled to the minimum pay scale in the scale of Class IV, which is applicable to packers also. It further directed that the petitioner be confirmed either as a packer or Class IV within two months from the date of the order and that the arrears be paid to him within four months.
Issues: 1. Whether the petitioner was entitled to the minimum pay scale of a packer/Class IV employee? 2. Whether the petitioner could be confirmed in the post of packer/Class IV despite not possessing the minimum educational qualification?
Ratio Decidendi: 1. The court relied on the doctrine of 'equal wages for equal work' and held that the petitioner, who had been performing the duties of a packer for over 20 years, was entitled to the minimum pay scale of a packer/Class IV employee. 2. The court held that the petitioner's long experience of 20 years in the post of packer was a sufficient consideration for confirming him in the post, despite his lack of the minimum educational qualification.
Final Decision: The petition was allowed. The petitioner was directed to be paid the minimum pay scale of a packer/Class IV employee from the date of his reinstatement in 1988. He was also directed to be confirmed in the post of packer/Class IV within two months from the date of the order and the arrears were to be paid to him within four months.
JUDGMENT
1. - This petition has been filed with a prayer that a direction be given to respondents to provide regular pay scale of packer/class IV to the petitioner who is working from May, 1, 1963 on daily wages basis. It has also been prayed that the regular salary may be given to him with effect from his date of appointment.
2. Briefly, the petitioner was appointed on post of packer by verbal orders on May 1, 1963. However, it is pointed out by learned Additional Government Advocate that he was appointed with effect from 18.6.1963. It is submitted that even though he works from 10.00 a.m. to 5.00 p.m. and performs all duties as performed by regular employees. He was never paid minimum pay scale of the post of packer, even prior to enforcement of the Rajasthan Government Presses Subordinate Service Rules, 1973 (for brevity 'the Rules, 1973') . In the rules 1973 the post of packer has been encadred, but the salary scale is same as that of Class-IV.
3. It is submitted by Shri Shah, learned counsel that services of the petitioner were verbally terminated, on account of which, he filed DBCWP No. 2079/88, which was decided vide order dated December 13, 1988. The petitioner, by this order was reinstated with full back wages. In this petition also a prayer had been made for regularising the services of the petitioner. However, it was directed by this court that he should first approach the appropriate authorities and then approach this Court, if necessary. It is, therefore, contended that petitioner, who has been working since May 1, 1963 on daily wages basis should be given regular salary of Class-IV servant, which has been denied to him till date. At present he is paid Rs. 22/- per day for 26 days in a month.
4. It is submitted by Shri B.K. Sharma, learned Additional Government Advocate that petitioner concealed the fact of filing the application under Section 33(C) (2) of the Industrial Disputes Act, 1947 (for brevity the Act') in Labour Court where also prayer for 'equal wages for equal work' was made. It is only when the reply was filed that this application has been withdrawn. It is submitted by Shri Shah, learned counsel that petitioner filed this application on wrong legal advise. When the matter was handled by him, he advised the petitioner to withdraw the same as the Labour Court had no jurisdiction to award the relief on the basis of doctrine of 'equal wages for equal work'.
5. I have heard both the parties and gone through the documents on record. To say the least, the practice of denying persons of daily wages basis for such a long time is highly despicable. It is only desirable that an employee should get his due wages as laid down by law for the work he performs. Scores of decisions of the Apex Court and this Court have been handed down regarding applicability of doctrine of 'equal wages for equal work' in such circumstances. It is, therefore, directed that petitioner is entitled to get the minimum pay scale in the scale of Class IV, which is applicable to packers also.
6. So far as the matter of regularising is concerned, it was pointed by learned Additional Government Advocate that the petitioner admittedly does not possess the minimum qualification of having passed 8th Standard as required in the qualifications for the post of packer as mentioned in the Schedule of the Rules, 1973. There is no doubt that when an appointment is initially made the possession of required qualifications is essential. However, when an appointment has already been made and petitioner has continued on the post of packer since 1963 the experience gained by him during this long period of 20 years will be an important consideration regarding confirmation of the petitioner on the post of packer which in pay-scale is equivalent to that of a Class IV. Once the daily rated workers are allowed to work for such length of time, it will be a very hard not to confirm such persons merely on the ground that he does not possess the minimum educational qualif
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