Case Note & Summary
The petitioners, 29 daily wage employees of the Maharashtra State Electricity Board (now Maharashtra State Power Generation Company Ltd.), filed a writ petition challenging the order of the Industrial Court, Nagpur, which dismissed their complaint seeking regularization and equal pay. The petitioners had been working as daily wagers for several years but were not appointed against sanctioned posts. They claimed that they were entitled to the same pay scale as regular employees under the principle of equal pay for equal work. The Industrial Court rejected their claim, holding that daily wage employees are not entitled to the minimum pay scale of regular employees and that the court had no jurisdiction to order regularization. The High Court upheld the Industrial Court's decision, noting that the petitioners were not similarly situated to regular employees and that the principle of equal pay for equal work does not apply to daily wagers. The court also held that the Industrial Court correctly refused to interfere with the termination of the petitioners as there was no reference regarding regularization or pay scales. The writ petition was dismissed.
Headnote
A) Service Law - Daily Wage Employees - Minimum Pay Scale - Daily wage employees are not entitled to the minimum pay scale of regular employees as they are not appointed against sanctioned posts and their engagement is temporary and casual in nature. The court held that the principle of equal pay for equal work does not apply to daily wagers who are not similarly situated as regular employees. (Paras 1-10) B) Industrial Disputes Act, 1947 - Industrial Court - Jurisdiction - The Industrial Court has limited jurisdiction to adjudicate disputes referred to it and cannot grant relief beyond the terms of reference. The court held that the Industrial Court correctly refused to interfere with the termination of daily wage employees as there was no reference regarding regularization or pay scales. (Paras 1-10) C) Maharashtra State Electricity Board - Daily Wage Workers - Regularization - Daily wage workers have no right to regularization merely because they have worked for a long period. The court held that regularization can only be done in accordance with the rules and regulations of the employer and not by judicial direction. (Paras 1-10)
Issue of Consideration
Whether daily wage employees are entitled to the minimum pay scale of regular employees and whether the Industrial Court erred in refusing to interfere with their termination.
Final Decision
Writ petition dismissed. The Industrial Court's order upheld.
Law Points
- Daily wage employees not entitled to minimum pay scale of regular employees
- Industrial Court's jurisdiction limited to adjudication of disputes
- no right to regularization for daily wagers
