Case Note & Summary
The dispute arose from a High Court judgment directing the State of U.P. to grant equal pay for equal work and regularise daily wagers in Class IV service working with the U.P. Madhyamik Siksha Parishad. The respondent union represented these daily wagers, who were engaged during examinations for manual work such as lifting bundles, pasting envelopes, and shifting answer books. The High Court found that they had been regularly working for over 15 years doing work on par with regular Class IV employees and consequently directed the appellants to pay equal wages and regularise their services by creating appropriate posts. The State of U.P. appealed by special leave to the Supreme Court under Article 136 of the Constitution. The central legal question was whether daily wagers performing duties similar to regular employees are entitled to equal pay and regularisation absent sanctioned posts. The State argued that creation of a post is an administrative prerequisite for permanent appointment, and the need for posts is a matter of executive policy. It highlighted that daily wagers were engaged only when exigencies arose during examinations and were paid Rs.25 per day as fixed by the District Magistrates of Allahabad under the Minimum Wages Act. The State further stated in the Special Leave Petition that the Board had been regularising daily wagers in Class IV service as and when posts were created or fell vacant, based on length of engagement and performance. The respondent union effectively relied on the High Court's finding of long service and parity of duties. The Supreme Court reasoned that unless posts are created, daily wagers cannot be fitted into regular posts, and equal pay for equal work cannot be claimed without existing sanctioned posts. It acknowledged that if vacant posts existed and daily wagers were performing the same duties, there might be justification for regularisation according to rules, but no such posts were present. The Court held that the direction to create posts and pay equal wages was not correct. It observed that the Board's existing procedure of regularising daily wagers as and when posts are created or fall vacant was fair. The Court directed that as and when regular posts are created or posts fall vacant, the daily wage employees should be considered for regularisation based on seniority, length of service, and performance, according to rules and reservation policy in vogue. Until then, their services would be taken as and when exigencies arise, and they would be paid daily wages as determined by the District Magistrate from time to time. The appeal was allowed with no order as to costs.
Headnote
A) Service Law - Equal Pay and Regularisation - Daily Wagers Not Entitled to Equal Pay or Regularisation Without Creation of Posts - Constitution of India, 1950, Article 136; Minimum Wages Act, 1948 - The High Court had directed equal pay for equal work and regularisation by creating posts for daily wagers who had worked over 15 years in Class IV duties with U.P. Madhyamik Siksha Parishad. The Supreme Court held that creation of posts is an administrative or executive policy matter and that daily wagers engaged for exigencies like examinations are not entitled to equal wages or regularisation absent sanctioned posts. The Court directed that as and when regular posts are created or fall vacant, daily wage employees be considered for regularisation based on seniority, length of service and performance according to rules and reservation, and until then be paid daily wages as fixed by the District Magistrate. Held that the High Court's direction could not be upheld (Paras 1-2).
Issue of Consideration
Whether daily wagers performing duties similar to regular Class IV employees are entitled to equal pay and regularisation without creation of sanctioned posts.
Final Decision
Appeal allowed. The Supreme Court set aside the High Court directions. It directed that as and when regular posts are created or fall vacant, daily wage employees be considered for regularisation based on seniority, length of service, and performance according to rules and reservation in vogue. Until then, their services be taken as and when exigencies arise, and payment of daily wages be made as determined by the District Magistrate from time to time. No costs.
Law Points
- Creation of post is a condition for filling up post on permanent basis
- Exigencies of administration and need for creation of posts are matters of executive policy
- Equal pay for equal work not applicable without sanctioned posts
- Regularisation only as and when posts are created or fall vacant according to rules and reservation policy
- Daily wage workers engaged for exigencies are paid minimum wages as fixed by District Magistrate
