Case Note & Summary
The dispute involved daily-rated workmen of the National Mineral Development Corporation Ltd. who sought regularisation of their services and equal pay for equal work, asserting they performed the same duties as regular employees. The High Court of Madhya Pradesh dismissed their writ petition, concluding that the petitioners were not regular employees, lacked specific jobs, and were surplus to the establishment. The management contended that the petitioners had been retained on humanitarian grounds despite no available work, and they were incurring significant losses. The Supreme Court, upon reviewing the case, found no vacancies or work for the petitioners and upheld the High Court's decision. The court noted that the principle of regularisation applies only when a daily-rated worker performs the same work as a regular worker and there is a vacancy. The court directed that the petitioners be offered benefits under a Voluntary Retirement Scheme, which some had already accepted, and dismissed the special leave petition without costs.
Headnote
A) Labour Law - Regularisation of Daily-Rated Workmen - Principle of regularisation arises only when workmen perform same duties as regular workers and vacancies exist - Labour and Services Act, Not mentioned - The court held that regularisation is contingent upon the availability of work and vacancies, which were absent in this case. (Paras 619-620).
Issue of Consideration
Whether daily-rated workmen are entitled to regularisation and equal pay for equal work.
Final Decision
The Supreme Court dismissed the special leave petition, affirming the High Court's findings that there were no vacancies or work available for the petitioners. The court directed that the petitioners be given the benefit of the Voluntary Retirement Scheme.
Law Points
- Regularisation of daily-rated workmen
- Equal pay for equal work
- Voluntary retirement scheme
- Humanitarian grounds for retention
