2002 (2) TMI 1357 - SC - Indian Laws

Summary

Issues: Regularization of daily rated wage earners in Forest Department, entitlement to minimum pay-scale, framing of scheme, statutory rules for regularization, entitlement to pay-scale for daily-wagers, qualification for regularization, intervention and impleadment applications.

Regularization of Daily Rated Wage Earners in Forest Department:
The case involved daily rated wage earners in the Forest Department seeking regularization of their services. The Division Bench of the High Court directed the Government to frame a scheme for regularization and payment of daily rated workers at the minimum of the pay-scale for regular workers. The Supreme Court directed the framing of a scheme within three months and stayed the operation of the impugned judgment during the appeal.

Entitlement to Minimum Pay-Scale:
The employees contended that they should receive the minimum of the pay-scale until regularized, citing a judgment holding that daily-wagers should be paid at the minimum of the pay-scale available to regular workers. The Supreme Court, applying the principle of equal pay for equal work, ruled that daily-wagers should receive the minimum of the pay-scale without other allowances or increments until regularized, in line with similar past judgments.

Framing of Scheme and Statutory Rules for Regularization:
The State of Uttar Pradesh framed rules for the regularization of daily-wagers, eliminating the need for further schemes. The Court declined to entertain grievances regarding the rules, stating that any issues arising from the rules could be addressed separately. The Court emphasized that the statutory rules would govern the regularization of daily-wagers in various departments, including the Forest Department.

Qualification for Regularization:
The Court clarified that the qualification for regularization should be based on the criteria at the time of hiring as a daily-wager, not the current scheme's qualifications. It emphasized that the authority should consider the cases of daily-wagers sympathetically, taking into account their years of service and performance.

Intervention and Impleadment Applications:
The Court disposed of the civil appeals and special leave petitions, allowing applications for intervention and impleadment while condoning delays. The judgment provided detailed directions on the entitlement to pay-scale, framing of schemes, and the regularization process for daily-wagers in the Forest Department and beyond.