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PETITIONER:

DAILY RATED CASUAL LABOUR EMPLOYEDUNDER P & T DEPARTMENT THR

Vs.

RESPONDENT:

UNION OF INDIA & OTHERS

DATE OF JUDGMENT27/10/1987

BENCH:

VENKATARAMIAH, E.S. (J)

BENCH:

VENKATARAMIAH, E.S. (J)

RANGNATHAN, S.

CITATION:

1987 AIR 2342 1988 SCR (1) 598

1988 SCC (1) 122 JT 1987 (4) 164

1987 SCALE (2)844

CITATOR INFO :

R 1988 SC 517 (3)

R 1988 SC 519 (4)

D 1989 SC1117 (3)

F 1990 SC 883 (2,8)

F 1991 SC 101 (223,241)

RF 1991 SC1173 (6)

ACT:

Constitution of India, 1950: Articles 14, 16, 37 and

38(2)-Posts and Telegraphs Department-Daily rated casual

labour-Classification on basis of number of days of service

for payment of wages-Whether Constitutional, justifiable and

tenable whether opposed to International Covenant on

Economic, Social and Cultural Rights-Non-regularisation of

temporary employees or casual labour-Whether a wise policy

Directions issued for preparation of scheme for absorption

of casual labourers.

HEADNOTE:

%

International Covenant on Economic, Social and Cultural

Rights, 1966: Article 7-Casual labour-Justifiable

classification for payment of wages-Necessity of-Non-

regularisation of service-Not wise policy-Necessity for

absorption as permanent workers.

The petitioners who were working as ’Daily Rated Casual

Labour’ in the Posts and Telegraphs Department, were

categorised as unskilled, semi-skilled and skilled workers.

By the orders of the D.G., Post and Telegraphs Department

No. 28-II/77-SR/STM dated 15.5.80 and 10-4/83-R dated

26.7.84 they were further classified into (i) those who had

not completed 720 days of service; (ii) those who had comp-

leted 720 days and not completed 1200 days of service, and

(iii) those who had completed more than 1200 days of

service, and were granted different rates of wages as laid

down therein. Aggrieved by these orders, the petitioners

submitted a statement of demands through their federation to

the authorities, claiming regularisation, payment of interim

relief and bonus, supply of dresses, leave and medical

facilities etc.

Not satisfied with the reply received by them, the

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petitioners filed writ petitions, for the issue of a writ in

the nature of mandamus to the Union of India and to direct

it to pay them same salary, allowances, and other benefits

as were being paid to regular and permanent employees of the

Union of India in corresponding cadres and to regularise the

599

service of the casual labour who had been in continuous

service for more than 6 months. Their principal complaint

was that even though many of them had been working for the

last ten years as casual labourers, the wages paid to them

were very low and far less than the salary and allowances

paid to regular employees of the Posts and Telegraphs

Department belonging to the equivalent categories and,

secondly that no scheme had been prepared by the Union of

India to absorb them regularly in its service and they had

been denied the benefits of increments, pension, leave

facilities etc. etc. which were enjoyed by those who had

been recruited regularly.

The petitioners were opposed by the respondents

contending that since the petitioners belonged to the

category of casual labour and were not being regularly

employed, they were not entitled to the same privileges

which regular employees were enjoying.

Disposing of the writ petitions,

^

HELD: 1.1 The classification of employees in the

present case into casual employees and regularly recruited

employees for the purpose of paying less than the minimum

pay payable to employees in the corresponding regular cadres

particularly in the lowest rung