1. Daily rated workers in forest department seeking regularization and minimum pay scales of regular counterparts. (Para 2 )
Back
Next 
2018 Supreme(SC) 1130
SUPREME COURT OF INDIA
S.A. BOBDE, L. NAGESWARA RAO, JJ.
Sabha Shanker Dube – Appellant
Versus
Divisional Forest Officer & Ors. – Respondents
CIVIL APPEAL No. 10956 of 2018 (Arising out of S.L.P. (Civil) No. 1045 of 2016)
WITH CIVIL APPEAL Nos._10957-10963 of 2018 (Arising out of S.L.P. (Civil) Nos. 1252-1258 of 2016) CIVIL APPEAL No._10964___ of 2018 (Arising out of S.L.P. (Civil) No. 11108 of 2016)
Decided On : 14-11-2018
Important Points
IMPORTANT POINT
Daily rated workers are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts.
Daily rated workers are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts.
Subject
Employment - Wage and Pay
Act Referred
Headnote
Service law – Equal pay for equal pay – Appellant daily rated workers – Held entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts. (Para 13)
(2003) 6 SCC 23; (2009) 9 SCC 514; (2006) 9 SCC 337; (2017) 1 SCC 148 – Relied upon
Facts of the case:
The Appellants are daily rated workers employed in Group ‘D’ posts in the Forest Department in the State of Uttar Pradesh. They filed Writ Petitions before the High Court of Allahabad seeking regularization of their services, the minimum of the pay scales available to their counterparts working on regular posts and treating them as being in continued service while condoning the breaks in their service. The Writ Petitions were dismissed by a Single Judge. Regularization of daily wagers was directed to be considered in accordance with the relevant rules by condoning the breaks in service if it is less than 03 months. It was held that a direction for regularization cannot be issued. The Single Judge rejected the claim of the Appellants regarding the minimum of the pay scales.
The Special Appeals filed by the Appellants were dismissed by a Division Bench of the High Court.
Finding of the Court:
Appellants, daily rated workers, are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts.
Result: Appeals allowed.
Legal Category Hierarchy
Table of Contents
2. Appellants claim entitlement to minimum pay scales based on equal pay for equal work; State contends lack of continuity and sanctioned posts. (Para 5 , 6 )
3. Temporary employees performing the same duties as regular employees cannot be paid less, as doing so is exploitative and violates human dignity. (Para 9 , 10 )
4. Temporary employees, including daily wagers, are entitled to draw wages at the minimum of the pay scales applicable to regular employees holding the same post. (Para 10 , 11 )
5. Appeals allowed; High Court judgments set aside; State directed to pay minimum pay scales to the workers. (Para 13 )
6. Are temporary employees entitled to the minimum of regular pay scales?
Yes, temporary employees—including daily wage, ad hoc, casual, and contractual employees—are entitled to the minimum of the regular pay scales if they perform the same duties as regular employees. (Para 10 )
7. What is the legal basis for granting minimum pay scales to temporary workers?
The principle of equal pay for equal work ensures that employees performing the same duties and responsibilities are not paid less, preventing exploitative enslavement and upholding human dignity. (Para 9 , 10 )
8. Does the lack of a sanctioned post or continuity of service preclude entitlement to minimum pay scales?
The court held that temporary employees are entitled to the minimum of the pay scales as long as they continue in service, regardless of the specific nature of their appointment. (Para 11 )
JUDGMENT
L. NAGESWARA RAO, J.
Leave granted
1. These Appeals are filed against the judgment of the High Court of Allahabad dated 24th September, 2015 in Special Appeal No.1198 of 2006 and others by which the judgment of the learned Single Judge denying relief to the Appellants was affirmed.
2. The Appellants are daily rated workers employed in Group ‘D’ posts in the Forest Department in the State of Uttar Pradesh. They filed Writ Petitions before the High Court of Allahabad seeking regularization of their services, the minimum of the pay scales available to their counterparts working on regular posts and treating them as being in continued service while condoning the breaks in their service. The Writ Petitions were dismissed by a learned Single Judge by a judgment dated 28th April, 2004. Regularization of daily wagers was directed to be considered in accordance with the relevant rules by condoning the breaks in service if it is less than 03 months. It was held that a direction for regularization cannot be issued. The learned Single Judge rejected the claim of the Appellants regarding the minimum of the pay scales by holding that such a direction cannot be granted under Article 226 of the Constitution of India. The Special Appeals filed by the Appellants were dismissed by a Division Bench of the High Court of Allahabad by a judgment dated 24th September, 2015 by relying upon its earlier judgment in Special Appeal No.1530 of 2007.
3. Special Appeal No.1530 of 2007 was filed by the State of Uttar Pradesh against the judgment of the learned Single Judge dated 17th October, 2005 in Civil Misc. Writ Petition No.48322 of 2000 and others. The said Writ Petitions were filed by daily wagers working in Group ‘C’ and Group ‘D’ posts in the Forest Department of the State of Uttar Pradesh. Regularization of services and equal pay for equal work were the reliefs that were sought by the Petitioners in those Writ Petitions. The learned Single Judge allowed the Writ Petitions by directing the State Government to re-consider the Petitioners-therein for regularization of their services, ignoring artificial breaks and by relaxing the minimum educational qualifications and the physical endurance requirements prescribed by the service rules. The Selection Committee was directed to re-consider candidature of all the Petitioners-therein for regularization. Such of those persons who were found eligible for regularization were directed to be regularized in the vacancies that may arise in the future in their respective divisions. There was a further direction that the Petitioners-therein shall be continued on daily wages till their regularization and be paid a minimum of the pay scales.
4. In the Appeal filed by the State of Uttar Pradesh, a Division Bench of the High Court set aside the directions issued in the Writ Petitions relating to the relaxation of minimum educational qualifications and physical endurance requirements as also the direction pertaining to the minimum of the pay scales to be paid to the daily wagers. The directions issued by the learned Single Judge to relax the conditions of the requisite minimum qualifications and physical endurance requirements were found to be unjustified by the Division Bench. Placing reliance on a judgment of this Court in State of Haryana v. Tilak Raj , (2003) 6 SCC 23 and State of Punjab v. Surjit Singh, (2009) 9 SCC 514 the Division Bench of the High Court held that the daily wagers are not entitled to the minimum of the pay scales.
5. We have heard Mr. B.H. Marlapalle and Mr. S.R. Singh, learned Senior Counsels for the Appellants and Ms. Aishwarya Bhati, learned Addl. Advocate General and Ms. Rachna Gupta, learned Advocate on-Record appearing for the Respondents. It was made clear by Mr. Marlapalle, learned Senior Advocate that the only point that requires consideration pertains to the entitlement of the Appellants to the minimum of the pay scales applicable to the regular employees in the Forest Departme
