Case Note & Summary
The petitioners, twelve individuals, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court seeking a writ of mandamus directing the respondents, including the State of Gujarat and the Gujarat Water Supply and Sewerage Board, to grant them regular pay scale from the date of their appointment and to regularize their services. They also sought protection against termination of their services except in accordance with the procedure applicable to permanent employees. The petitioners were engaged as daily wagers by the Board at various times, with some having served for over a decade. They contended that they were performing the same duties as regular employees and were entitled to equal pay and regularization under the principle of 'equal pay for equal work' and various judicial precedents. The respondents opposed the petition, arguing that the petitioners were engaged on a temporary, need-based basis and were not appointed against sanctioned posts. The Board submitted that the recruitment process is governed by the Gujarat Water Supply and Sewerage Board Act, 1978, and the Rules framed thereunder, and that the petitioners were not recruited through a regular selection process. The court, after hearing the parties, examined the facts and the legal position. It noted that the petitioners had not placed on record any material to show that their initial engagement was against a sanctioned post or that they were appointed through a regular process. The court observed that the Board is a statutory body and its recruitment is governed by statutory rules; daily wagers cannot claim regularization merely on the basis of length of service. The court also noted that the petitioners had not challenged the terms of their engagement. Relying on the principles laid down by the Supreme Court in various cases, the court held that the petitioners were not entitled to the reliefs sought. The petition was dismissed, and the interim relief granted earlier was vacated. No order as to costs.
Headnote
A) Service Law - Regularization of Daily Wagers - Regular Pay Scale - Petitioners, daily wagers with the Gujarat Water Supply and Sewerage Board, sought regular pay scale and regularization from the date of appointment - Court held that the petitioners failed to demonstrate that their initial engagement was against sanctioned posts or that they were recruited through a regular process - The Board is a statutory body and its recruitment is governed by statutory rules; daily wagers cannot claim regularization merely on the basis of length of service - Held that the petition lacks merit and is dismissed (Paras 1-15).
Issue of Consideration
Whether the petitioners, who were engaged as daily wagers by the Gujarat Water Supply and Sewerage Board, are entitled to regular pay scale from the date of their appointment and regularization of their services.
Final Decision
The petition is dismissed. The interim relief granted earlier stands vacated. No order as to costs.
Law Points
- Regularization of daily wagers
- Regular pay scale for temporary employees
- Article 226 of Constitution of India
- Gujarat Water Supply and Sewerage Board Act
- 1978
- Equal pay for equal work
- Termination of temporary employees
