STATE OF HARYANA Vs. CHARANJIT SINGH

JUDGEMENT

(1.) In all these appeals, the respondents were daily wagers who were appointed as ledger clerks, ledger keepers, pump operators, mali-cum-chowkidar, fitters, petrol men, surveyors etc. All of them claimed the minimum wages payable under the pay- scale of regular Class IV employees from the date of their appointments. The question whether or not these persons were entitled to the minimum of the pay-scale of a regular Class IV employee was referred to a Full Bench for consideration. The Full bench gave its decision. Following the Full bench decision all these writ petitions have been disposed off with short orders. In all these cases the respondents have been directed to be given the minimum of the wages in the scale payable to a regular class IV employee from the date of the filing of the respective petition.

(2.) One other fact which must be mentioned is that, whilst these appeals were pending before this Court, all the respondents have been regularized. From the date of their regularization they are being paid pay-scales as payable to a regular Class IV employee. The question therefore is only whether the directions of the High Court to pay the minimum wage in the scale payable to a Class IV employee, from the date of their filing the respective petition, is required to be interfered with.

(3.) Then these appeals came up for hearing on 23rd August, 2004 this Court referred the matters to a larger Bench for consideration by passing the following order:"the respondents in all these appeals were initially appointed as ledger-clerks, ledger keepers, pump operators, mali-cum-chowkidars, fitters, petrol man, surveyor, drivers etc. on daily wages or on contractual basis. They were all regularized with effect from October, 2003 and they have been getting the minimum payable under the regular pay scale of Class-IV employees from the date of their regularization. In the writ petitions filed by these respondents before the high Court of Punjab and Haryana at chandigarh, the Division Bench directed that these respondents shall be paid the minimum salary and dearness allowances payable to their counter parts working on regular basis. The question for consideration before this court, in the present set of cases, is that whether these respondents are entitled to get the minimum scale of pay from the date of their appointment as daily wagers/casual employees or they are entitled to get the minimum salary in the scale of pay from the date of their regularization. Learned counsel for the State contended that they are entitled to get minimum of the scale of pay only from the date of regularization whereas the respondents contended that applying the principle of "equal pay for equal work" they are entitled to get the minimum of the pay scale from the date of their employment as casual employees or daily wagers. The respondents, in this connection, relied on the decision of this Court in AIR 1986 SC p. 584, Surinder Singh and Anr. v. Engineer-in-Chief, C. P. W. D. and Ors. wherein the petitioners appointed on daily wages in the Central Public Works Department were given salary and allowances which were payable to the regular employees from the date on which they were employed but in series of other decisions rendered by this Court in JT 1996 (10) SC 876, State of Haryana and Ore. v. Jasmer Singh and Ore. it was held that the daily rated workmen who were to be paid minimum wages admissible to such workmen as prescribed and not in the pay scale applicable to similar employees working on regular service. Reliance was also placed on earlier decision in Harbans Lal v. State of h. P. JT 1989 (3) SC 296. A similar view was taken by this Court in Orissa University of agriculture and Technology and Anr. v. Manoj k. Mohanty, JT 2003 (4) SC 104 and ghaziabad Development Authority and Ore. v. Vikram Chaudhary and Ore. , JT 1995 (5) sc 636 and also in State of Haryana and Anr. v. Tilak Raj and Ore. , JT 2003 (5) SC 544. It appears that there is a conflict of decision and earlier decision in Surinder Singh and anr. v. Engineer-in-Chief, C. P. W. D. and Ore. , [air 1986 SC 584] was not referred to in later decisions. Therefore, in our view, these cases have to be considered by a larger bench so that the conflict may be resolved. The registry is requested to place these matters before the Hon'ble Chief Justice of India for posting the same before a larger bench. "the matters are thus before this three judge Bench.