Case Note & Summary
The Union of India and its officers filed a writ petition challenging an order of the Central Administrative Tribunal (CAT), Bombay Bench, Camp at Nagpur, which directed the regularisation of 28 daily wager employees (respondents 2-28) who had been working in the Indian Bureau of Mines for more than 10 years. The respondents were initially appointed as daily wagers and continued to work without regularisation. The CAT, relying on the principle of equal pay for equal work and the fact that the respondents performed the same duties as regular employees, directed the petitioners to regularise their services. The High Court, after hearing both sides, found no merit in the petition. It held that the Tribunal's order was well-reasoned and within its jurisdiction. The court noted that the respondents had worked for a long period and were entitled to regularisation as per the applicable rules and judicial precedents. The petition was dismissed, and the CAT's order was upheld.
Headnote
A) Service Law - Regularisation of Daily Wagers - Equal Pay for Equal Work - The Tribunal directed regularisation of daily wagers who had worked for over 10 years, holding that they performed the same duties as regular employees and were entitled to equal pay. The High Court upheld the order, finding no error in the Tribunal's reasoning. (Paras 1-13) B) Administrative Law - Jurisdiction of Central Administrative Tribunal - Scope of Judicial Review - The High Court held that the Tribunal's order was within its jurisdiction under the Administrative Tribunals Act, 1985, and that the petitioners (Union of India) failed to show any illegality or perversity warranting interference under Article 226 of the Constitution. (Paras 1-13)
Issue of Consideration
Whether the Central Administrative Tribunal was justified in directing the regularisation of daily wager employees who had worked for more than 10 years in the Indian Bureau of Mines, and whether the principle of equal pay for equal work applies to such temporary employees.
Final Decision
The High Court dismissed the writ petition and upheld the order of the Central Administrative Tribunal directing regularisation of the respondent daily wager employees.
Law Points
- Regularisation of daily wagers
- Equal pay for equal work
- Temporary employees
- Administrative Tribunals Act
- 1985
- Mines and Minerals (Development and Regulation) Act
- 1957
