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TMI Blog2019 (4) TMI 228X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho 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 minim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t were heard by this Court against the orders passed in Contempt Applications filed for disobedience of the orders of payment of the minimum of the pay scales to the daily wage workers in the Forest Department. This Court took notice of an affidavit filed on behalf of the Principal Chief Conservator of Forests, State of Uttar Pradesh in which it was stated that the instructions were given to all the officers concerned to implement the directions issued by the High Court regarding payment of the minimum of pay scales to the daily wagers. A direction was given by this Court to the Principal Chief Conservator of Forests and the Principal Secretary to the Department of Forests, State of Uttar Pradesh to file separate affidavits in the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the physical endurance requirements as well as continuance of the Writ Petitioners on a daily wage basis with the minimum of the pay scales were set aside by the Division Bench. 8. The daily wagers relied upon a judgment of this Court in Putti Lal (supra) and submitted that the same relief may be extended to them. It is relevant to note that the judgment in Putti Lal (supra) relates to a dispute similar to that involved in this case. Daily rated wage earners in the Forest Department in the State of Uttar Pradesh approached the High Court for regularization of their services. The Division Bench of the High Court of Allahabad directed the State Government to constitute the Committee as directed in order to frame the scheme for regulariza ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h, and at the cost of his integrity. For he knows that his dependants would suffer immensely, if he does not accept the lesser wage. Any act of paying less wages as compared to others similarly situate constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation." 10. The issue that was considered by this Court in Jagjit Singh (supra) is whether temporary employees (daily wage employees, ad hoc appointees, employees appointed on casual basis, contractual employees and likewise) are entitled to the minimum of the regular pay scales on account of their performing the same duties which are discharged by those enga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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