2010 Supreme(All) 2525
[2010(7) ADJ 6 (DB)]
ALLAHABAD HIGH COURT
BEFORE : F.I. REBELLO, C.J. AND A.P. SAHI, J.
CHANCHAL KUMAR TIWARI AND OTHERS ….Appellants
Versus
SHRI HARI SHANKAR ….Respondent
(Special Appeal Nos. 1205, 1204, 1209, 1210 and 1211 of 2010,
decided on 3rd August, 2010)
Counsel :
M.C. Chaturvedi, CSC for the Appellants; S.K. Vidyarthi for the Respondents.
Headnote:Payment of wages—Daily wagers—Equal pay for equal work—Instant appeals arise out of proceedings in contempt for non-payment of wages to daily wage workers engaged in Forest Department—What is the minimum pay that should be paid to employees engaged as daily rated labourers ?—Daily wagers are entitled to draw at the minimum of pay-scale being received by their counterparts in the Government but would not be entitled to any other allowances or increment so long as they continue as daily wagers—However, State Government has not been paying to employees, engaged as daily wagers the wages as such—Contention of appellants that payment at the minimum of pay-scale is given only to those employees who were considered for regularization or found eligible to be regularized and not to those who are taking the minimum wages, negatived—Such classification between those who are eligible for regularization and those who are not eligible for regularization, was sought to be made for the first time in the contempt proceedings—Contention advanced by State which would result in depositing from principle of "equal pay for equal work", has to be rejected—More so, principles of "equal pay for equal work" has been recognized—Since cause of action is recurring insofar as employees are concerned, contempt petitions were not barred by limitation. [Paras 13 to 18]
Result; Appeals Dismissed.
Hon’ble F.I. Rebello, C.J.—These special appeals against a common order dated 1.7.2010 arise out of proceedings in contempt for non-payment of wages to daily wage workers engaged in the Forest Department of the State of Uttar Pradesh. The learned Judge, after noting the order passed by this Court in State of U.P. and others v. Putti Lal, (1998) 1 UPLBEC 313, judgment of the Supreme Court dated 21.2.2002 in State of U.P. and others v. Putti Lal, (2002) 2 UPLBEC 1595, and after being prima facie satisfied that there has been willful and deliberate disobedience/non-compliance on the part of the opposite parties in the proceedings before him, of the directions of this Court, as contained in the judgments in Putti Lal (supra), as modified by the Supreme Court, issued various directions and, at the same time, observed that it would be open to the Principal Secretary, Department of Forest, Government of U.P. and the Principal Chief Conservator of Forest, State of U.P. to consider the matter in the light of the observations made in the said order and take necessary steps in that regard.
2. Before considering the arguments raised, we may gainfully refer to the judgments of this Court in Putti Lal (supra). Two issues arose - (1) Regularisation/absorption of the employees working in the Forest Department under the Scheme undertaken by the said Department in respect of daily wage/muster roll employees, and (2) minimum payment of wages to such employees. We are not concerned, in the present, with the issue of regularization. We are only concerned with the issue, as to what is the minimum pay that should be paid to the employees engaged as daily rated labourers/muster roll employees. The learned Judge noted that in Writ Petition No. 15627 of 1988, Kumaun Van Shramik Sangh Centre and another v. State of U.P., decided on 25.2.1993, the Court had issued directions to frame a Scheme for regularisation, and to pay the petitioner No. 2 therein and other similarly placed employees, the wages at the rates equivalent to minimum pay in the pay scales of the regularly employed workers in the corresponding cadres. The learned Judge has further noted that the learned Judge, while allowing the said writ petition, did not confine his judgment to the petitioners’ members only but issued general directions to the respondents therein for payment of wages/salary and for framing the Scheme for regularization of such employees. We may gainfully reproduce the relevant portion extracted from the judgment of learned Judge, as quoted in paragraph 14 of the judgment of this Court in Putti Lal (supra), which reads as under :
“... but the petitioners have certainly made out a case for issuance of a direction to the respondents to pay to the petitioner No. 2 and other similarly circumstance Daily Rated Labourers/Workers under the control of the respondents, the wages at the rates equivalent to the minimum pay in the pay scales of the regularly employed workers in the corresponding cadres but without any increments with effect from 19.8.1988 on which date the writ petition was filed in this Court together with corresponding dearness allowances and additional dearness allowances, if any payable therein, with a further direction to the respondents to frame a scheme within a period of six months from the date of presentation of a certified copy of this order before the Secretary, Forest Department, Government of Uttar Pradesh and the Chief Conservator of Forest Department, U.P., Lucknow.”
3. The learned Bench, then, noted the contentions raised by the Additional Advocate General that the directions given in Kumaun Van Shramik Sangh Centre (supra) should be confined to the members of that Association, and rejected the same for the reasons set out therein, and held that the benefits of the said judgment of the learned Judge have to go to all the daily wagers/muster roll employees. The learned Bench further noted, which is admitted by the respondents (State), that the