Case Note & Summary
The dispute arose between the Delhi Municipal Karamchari Ekta Union and the Delhi Municipal Corporation regarding the regularisation and wage parity of daily rated Vaccinators/Immunisors. The workmen had been employed for over eight years but were paid lower wages than their regularly appointed counterparts. An industrial dispute was referred to the Industrial Tribunal, which ultimately denied relief to the workmen, prompting the union to appeal to the Supreme Court. The Supreme Court found that the Corporation had no valid defense against the claims of the workmen, highlighting the unjust disparity in wages despite the long duration of service. The court referenced previous judgments that supported the rights of daily rated workers to equal pay and regularisation. Consequently, the court ordered the Corporation to pay the workmen wages equivalent to the minimum pay scale of regular employees and to prepare a rational scheme for their absorption as regular workers. The court set specific timelines for the payment of arrears and the completion of the absorption process. The appeal was allowed, and the court emphasized the need for equal treatment under the law.
Headnote
A) Labour Law - Regularisation of Daily Rated Workers - Entitlement to Regularisation - Constitution of India, Articles 14 & 16 - Daily rated Vaccinators/Immunisors working for over eight years were entitled to regularisation and equal pay with regularly appointed counterparts. The court found no justification for the disparity in wages and directed the Corporation to regularise their services and pay minimum wages. Held that the workmen should be treated equally as per the constitutional provisions (Paras 176G-H).
Issue of Consideration
Whether daily rated Vaccinators/Immunisors are entitled to regularisation and equal pay with regularly appointed workers.
Final Decision
The Supreme Court allowed the appeal, directing the Delhi Municipal Corporation to regularise the services of the daily rated Vaccinators/Immunisors and pay them wages equivalent to the minimum pay scale of regularly employed workers, along with corresponding dearness allowance. The court set timelines for payment of arrears and completion of the absorption process.
Law Points
- Equal pay for equal work
- Regularisation of daily rated workers
- Industrial dispute resolution
- Payment of minimum wages
