Case Note & Summary
The case involved a group of writ petitions concerning daily wage employees in the Forest Department of Uttar Pradesh, specifically focusing on the petitioners' claims for regularization and back wages. The petitioners, who had been working as Chowkidars since February 1, 1989, argued that their duties were identical to those of regularly appointed employees, thereby invoking the doctrine of 'Equal pay for Equal work'. They sought a writ of mandamus to be recognized as regular employees and to receive the difference in wages. The State of U.P. countered by referencing a previous judgment that directed the formation of a committee to address similar claims. The court also considered a Supreme Court ruling that supported the regularization of daily wage workers, emphasizing that the qualifications for regularization should be based on the criteria at the time of their initial appointment. The court noted that the Uttaranchal Government had established Recruitment Rules in 2003 for the regularization of daily wage employees. Ultimately, the court directed the respondents to consider the regularization of the petitioners in accordance with the Supreme Court's judgment and the new recruitment rules, allowing the petitioners to submit fresh representations for their cases to be reviewed. The writ petitions were allowed without costs.
Headnote
A) Employment Law - Regularization of Daily Wage Employees - Right to Regularization - Uttaranchal Regularisation (On Group ‘D’ Posts) of Daily Wagers Appointment Rules, 2003 - Petitioners sought regularization as Class IV employees and payment of back wages, asserting equal duties with regular employees. Court directed consideration of their regularization in light of the Supreme Court's judgment in Putti Lal case and the 2003 Rules, emphasizing the need for sympathetic consideration of long-serving daily wagers (Paras 12-20).
Issue of Consideration
Whether the petitioners are entitled to be treated as regular employees and receive back wages.
Final Decision
The court allowed the writ petitions, directing the respondents to consider the regularization of the petitioners in accordance with the Supreme Court's judgment and the 2003 Recruitment Rules, allowing petitioners to submit fresh representations for review.
Law Points
- Writ of mandamus
- Equal pay for equal work
- Regularization of daily wage employees
- Recruitment Rules
- Judicial directions
