9911796707
TMI Blog2002 (10) TMI 816X X X X Extracts X X X X X X X X Extracts X X X X ..... shment were more onerous than that of the duties of N.M.R. workers, who are employed in various projects on daily basis and that their engagement also depended on the availability of the work in the different projects and consequently, they cannot claim any parity for equal pay. The Division Bench of the High Court by a judgment dated 10.3.1992 upheld the claim for regularization by observing that the said aspect of the matter was not seriously challenged. As for the claim for equal pay, the High Court was of the view that there was no reason to deny them the equal scales of pay and sustained their claim on par with those employed on regular basis with effect from 2.1.1990, namely, the date of filing of the Writ Petition, with a further direction that those who have served continuously for a period of five years by then should be regularized. Aggrieved, the above appeal has been filed. Civil Appeal No. 7343 of 1993: 2. The respondents in this appeal, who are N.M.R. workers in the Rengali Power Project, also claim for similar relief as in the other appeal, noticed supra. Overruling the objections of the appellants, while directing regularization of the workers, who have comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing for is not for any parity of treatment or equal pay in comparison with their counterparts in the different organizations or in different departments but equal pay on par with the regularly employed staff in their own units or establishments and as such there could be no sufficient cause or justification to deny an equal treatment to the respondents. In substance, learned counsel vehemently contended that the fact they were engaged as N.M.R. workmen or as casuals on daily basis has no relevance or significance, as long as they performed the same and identical job and work as that of the regularly employed staff and consequently there was no justification to discriminate or deny equal pay for them. It was also claimed that the decision in Chief Conservator of Forests (supra) of a Bench consisting of three learned Judges of this Court has to be preferred to the one rendered by a Bench of two learned Judges in Jasmer Singh's case (supra). 9. We have carefully considered the submissions of the learned counsel appearing on either side. The decision in Jasmer Singh (supra) though by a Bench of two learned Judges consisting of A.M. Ahmadi, C.J., and Sujata V. Manohar, J., is dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vention of Unfair Labour Practices Act, 1971, and whether the State Government had indulged in unfair labour practice visualized by Item 6 of Schedule-IV of the Maharashtra Act, as alleged by the workers before the Industrial Court, in keeping such workers continuously for years on casual basis. The Industrial Court, which adjudicated the claims, granted relief to make the workmen permanent with all the benefits of a permanent worker, which would include payment of wages, etc. at the rate meant for a permanent worker. While adverting to the question as to whether the finding relating to the adoption of 'Unfair labour practice' within the meaning of the State Act and the relief granted on that basis called for any interference, this court came to the conclusion that permanency was writ large on the face of both types of work, and that permanent status was denied to the workers concerned therein with the object of denying higher rates as would be payable for permanent workers, in violation of the provisions of the State Act. Consequently, this Court declined to interfere. It is in this context that the claim of the State that if the casual employees to the tune of 1.4 lakhs h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of casual employees for permanency or for higher pay shall have to be decided on the merit of their own cases. (Emphasis supplied) 11. The decision reported in Piara Singh (supra) is no authority for the proposition that temporary, ad hoc or daily wages like N.M.Rs. should be treated on par for purposes of pay-scales with the regularly employed permanent staff in the establishment and merely envisaged a serious and sincere effort on the part of the State to regularize such casual labourers or work-charged employees as far as and as early as possible, subject to their fulfilling the qualifications, if any, prescribed for the post and subject also to the availability of the work meaning thereby the post as well as scope for providing employment. In paragraph 42 of the judgment, this Court, while setting aside the directions of the High Court, observed as follows: With respect to direction No. 8 (equal pay for equal work) we find the judgment singularly devoid of any discussion. The direction given is totally vague. It does not make it clear who will get what pay and on what basis. The said direction is liable to be set aside on this account and is, accordingly, set aside. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by them. To claim a relief on the basis of equality, it is for the claimants to substantiate a clear-cut basis of equivalence and a resultant hostile discrimination before becoming eligible to claim rights on par with the other group vis-a-vis an alleged discrimination. In the light of the decision directly on this issue rendered in Jasmer Singh (supra), we are unable to persuade ourselves to countenance the claim for minimum basis salary given in some unreported decisions brought to our notice which appear on the face of it to be certain directions given on the peculiar facts and circumstances of the same without an objective consideration of any principle of law. An order made to merely dispose of the case before court by issuing certain directions on the facts and for the purposes of the said case, cannot have the value or effect of any binding precedent and particularly in the teeth of the decision in Jasmer Singh's case (supra). 14. For all the reasons stated above, the appeals are allowed and the orders of the High Court are set aside insofar as the pay equal to that of the regular employed staff has been ordered to be given to the N.M.R./daily wager/casual workers, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
