PETITIONER:
UNION OF INDIA & ORS.
Vs.
RESPONDENT:
DHARMA PAL & ORS. ETC.
DATE OF JUDGMENT: 29/03/1996
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCC (4) 195 JT 1996 (4) 371
1996 SCALE (3)672
ACT
HEADNOTE
JUDGMENT
WITH
CIVIL APPEAL NO. 7065, 7063-64 OF 1996
(Arising out of SLP (C) No. 2967/94, 27737 & 27844/95)
ORDER
Leave granted.
We have heard learned counsel on both sides.
Pursuant to the direction given by this Court the appellants have framed the scheme. Shri K.B. Sharma, Superintending Engineer, Construction Circle No.2, Chandigarh Administration has placed the same along with the additional affidavit. The scheme has been approved by the Central Government. The scheme reads as under:
For work charged employees:
"i) All the works establishment
[excluding office of Ministerial
Clerical and drawing cadres below
the level of Junior Engineers
engaged in the
construction/execution of
maintenance work shall be called
’Work Force’. The work force
includes buildings, roads, public
health activities comprising
augmentation of water supply canals
drainage, electrical and
electricity etc. The ’work
division’ shall be a unit for
casual or daily wage work force and
a ’circle’ for work charged
establishment. Separate cadre and
seniority list for each category
shall be maintained in the Division
and Circle as the case may be.
ii) Workers engaged on jobs, which
are likely to be of a short
duration, i.e., less than 240 days
in a year will be terminated on
completion of work. No seniority
list of such workers will be
required to be maintained.
iii) Workers who have completed
five years service as on 31st
August, 1995 will be considered for
regularization against the
available regular posts subject to
the fulfillment of requirement as
laid down in the Recruitment Rules
for the post in question, if they
were recruited before 6.1.1992 the
date on which a ban was imposed on
the recruitment or daily/casual
workers.
iv) Since a complete ban on
recruitment of work charged
casual/daily wage employees was
imposed by Chandigarh
Administration, those recruited in
contravention of this policy
decision after this dated i.e.
6.1.1992 will be considered for
their regularization only on the
assessment of
justification/requirements on the
basis of norms approved for the
continued nature or work and
attaching the specific approval of
Home Department, Chandigarh
Administration.
For Casual/Daily Wagers
v) Workers working as Casual
labourers in works which have more
or less fixed period of completion
will be eligible for payment of
benefits as admissible to them
under rules. However, they will not
be considered for regularization
automatically. Their requirement
has to be reassessed after
commissioning the work. Thus, the
workers will be liable to be
retrenched on completion of works
except categories in limited
numbers who are required for the
operation and maintenance of the
completed works. In their cases
specific approval of the Home
Department should be taken.
vi) Daily wage employees who have
completed 10 years or more service
as on 31.8.1995 shall be considered
for regularization w.e.f. 31.8.1995
on the availability of posts. Such
employees shall be entitled for
minimum of the scale w.e.f. the
date of their regularization. On
regularization, these employees
shall be liable for transfer any
where within the Engineering
Department, U.T. Chandigarh.
vii) In respect of all such daily
wages employees, who have not yet
completed 10 years service, a
special review should be carried
out at the level of Head of
Department regarding their
requirement.
viii) In the case of those
employees whose services are no
longer required and have been taken
after 6.1.1992 and specific
approval of Home Department,
Chandigarh Administration does not
exist, they may be relieved of
their duties at the earliest
possible."
Shri Poti, learned senior counsel has brought to our notice letter dated January 4, 1996 addressed by the Joint Secretary, Personnel to all the heads of the Departments in which it was stated that they were examining the payment of the D.A., C.C.A., H.R.A. to all the daily wage workers. By our order dated January 18, 1996, while quoting the above letter that Shri K. Nadhava Reddy, learned senior counsel when was confronted with the same, had expressed his inability to respond to the same. Consequently, we have directed him to obtain instructions in that behalf. Shri Reddy has stated today that pursuant to that letter follow up action was taken by the appellants in their letter dated March 4, 1996 wherein the appellants had examined the impact of the direction issued by the Administrative Tribunal. It is stated that 3647 daily wage/casual employees are now on the muster rolls. If D.A., H.R.A. and C.C.A are allowed at full rates it would work out at the approximate rate Rs.8 crores. Therefore, direction seeking their approval has been sought from the Government of India. He stated that the Government of India was not willing to extend the same benefit though formal order has not been communicated so far. The Government of India is willing to permit the appellant to pay 60% of the amount of the minimum pay on par with Punjab pattern Instead of D.A., H.R.A. and C.C.A., appellants, therefore, are willing to continue to pay to the daily wage workers above 60% subject to the above scheme. Shri Sharma, learned senior counsel appearing for all the respondents in appeal arising out of SLP No.27844/95 has brought to our notice the provisions of the Equal Remuneration Act, 1976 and Schedules 5 and 3 of the Industrial Disputes Act, 1947.
In view of the rival contentions, the only question is whether the appellant would be permitted to proceed in the light of the scheme framed by them or give direction to continue to pay, as directed by the Tribunal. After giving due consideration to the respective contentions, we think that the appropriate course would be to give approval to the scheme framed by the appellants. In view of the settled law by recent decisions all the daily wage employees are required to be regularized in accordance with the rules invogue following the principles of rules of recruitment, reservations and existence of vacancies. Admittedly, there is no rules operating in the field. As a result, all of them have been continuing on daily wage basis. It is true that CAT at Chandigarh had on earlier occasion directed to pay to 88 daily wage employees D.A., H.R.A. and C.C.A. Instead of the repetetion, we think that the scheme requires enforcement.
In view of the scheme now framed, the appellants are directed to regularize all those who have completed the prescribed period of days, viz., 240 days against the existing vacancies applying the rules of reservation in the order of seniority in the respective categories mentioned in the scheme. Such regularized employees would be entitled to all the regular payment at the scale of pay prescribed to the Central Government employees. Those who could not be regularized are directed to be regularized in the order of seniority as and when vacancies arise. Work would be continued to be taken from them as long as the work exists. Even those who were engaged as daily wage/casual labour, who could not complete 240 days but were required to be retrenched, the procedure prescribed for retrenchment under the Industrial Disputes Act should be followed. A list of them in the order of seniority should be maintained. Lastcome first-go principle should be followed in that behalf. As and when vacancies arise or need for the work arises, they should be called for work immediately without asking them to get their names sponsored by the Employment Exchange The daily wage workers/casual workers who are regularized and taken work from them are entitled to minimum of scale of pay prescribed for that post. In addition to that, they are also entitled to 60% of the D.A. at Punjab pattern which is being followed in all other cases. The payment to all the candidates whose service are regularise/continuing on daily wage/casual labour shall be calculated from one year prior to the date or filing the application in the Central Administrative Tribunal, Chandigarh. The appellant are directed to pay the same within a period of four months from to-day.
The appeals are accordingly disposed of. No costs .