MOOL RAJ UPADHYAYA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners in these writ petitions filed under Article 32 of the Constitution are employed on daily-wage basis in the Irrigation and Public Health Wings of the Himachal Pradesh Public Works Department. They are Class III and Class IV employees who are being paid their daily wages as per the minimum wages prescribed by the government of Himachal Pradesh from time to time. A number of them have been thus employed for more than ten years. They have sought regularisation of their services as well as for payment of the same salary, allowances and other benefits as are being given to the regular employees on the principle of 'equal pay for equal work'. The wages that are being paid to the petitioners who fall in the unskilled category are at Rs. 22. 00 per day. Shri Ashwini Gupta, the learned counsel for the petitioners, has invited our attention to the notifications of the government of Himachal Pradesh dated 15/5/1990, 23/8/1991 and 20/6/1992, whereby the rates for Class III and Class IV daily-wage staff have been fixed by the government of Himachal Pradesh from time to time. Under the notification dated 15/5/1990, daily wage at the rate of Rs. 34.50 was fixed with effect from 1/5/1990 for Peon, Chowkidar/sweeper/farrash/mali/rasoia and other Class IV employees. By notification dated 23/8/1991, the said rate was enhanced to Rs. 37.75 per day with effect from 1/5/1991 and by notification dated 20/6/1992, it was further enhanced to Rs. 42.40 per day with effect from 1/6/1992.

(2.) A Scheme for Betterment (Appointment) Regularisation of Muster-Roll/daily-Wagers in Himachal Pradesh has been prepared by the government of Himachal Pradesh and the same has been placed on record along with the supplementary affidavit of Shri K. J. B. V. Subramanyam dated 7/12/1992 in WP (C) No. 249 of 1988.

(3.) We have heard the learned counsel for the parties. Apart from oral submissions in the court, the learned counsel have also submitted written submissions. Along with written submissions that have been filed on behalf of the State of Himachal Pradesh, figures have been given showing additional financial obligations resulting from the daily-wage workers being paid the wages at the rates prescribed in the notifications issued by the State government referred to above as well as on account of the daily-wage workers who have completed 10 years' service being placed on work-charge cadre. Having regard to the additional financial obligations that may be incurred by the proposed scheme for regularisation, as modified, we are of the opinion that the State should not be burdened with the financial obligations arising out of payment of arrears for the period prior to 1/1/1994 and the said scheme, as modified, may be brought into operation with effect from 1/1/1994.