HARI SHANKAR, SANTOSH SINGH, RAM SWAROOP TIWARI, NARAYAN AND OTHERS Vs. B.K.SINGH, STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) THESE contempt applications have been filed under Section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act), alleging non compliance of the judgment of the Division Bench of this Court dated 10.12.1997, passed in a bunch of special appeals filed by the State of U.P. and writ petitions filed by the employees of the Forest Department, leading case being Special Appeal No.653 of 1995, State of U.P. and others vs. Putti Lal, reported in [(1998) 1 UPLBEC 313] and also the judgment of the Apex Court dated 21.2.2002 in the case of State of U.P. and others vs. Putti Lal, reported in [(2002) 2 UPLBEC 1595].

(2.) IN the Forest Department of the State of U.P. large number of employees had been engaged as daily wagers/muster roll employees and were continued for years without there being any provision for providing them regular status. Sometimes in the year 1990, the Forest Department all over the State started disengaging these workmen apparently on the ground that their services were no longer required and also that their services could not be regularized as they had not worked continuously and there were large breaks in their service. These workmen approached the High Court. Initially in some cases interim orders were granted and these casual daily wagers were continued to be engaged on need basis. In 1995 learned Single Judge of this Court allowed the writ petition of some of the workmen with a direction to regularise the services of the petitioners therein. The State of U.P. filed intra court appeal against the judgment of the learned Single Judge. Following the judgment of the learned Single Judge large number of writ petitions were allowed resulting into filing of similar number of appeals by the State of U.P. One of the special appeals arose from the judgment in the Writ Petition No.15302 of 1993, Putti Lal vs. State of U.P. This special appeal was numbered as Special Appeal No.653 of 1995 and became the leading case. The other pending writ petitions were clubbed together with the said special appeal.

(3.) AGAINST the aforesaid judgment of the Division Bench, the State of U.P. preferred an appeal before the Apex Court. The Apex Court vide judgment dated 21.2.2002 in the case of State of U.P. vs. Putti Lal (supra) disposed of the special leave petitions and the civil appeals filed by the State of U.P. with the directions as contained in Paragraph No.5 thereof, which in clear terms provided that the daily wagers would be entitled to draw salary at the minimum pay scale being received by their counterpart in the Government, however, they would not be entitled to any other allowances or increments so long they continue on daily wage basis. It further directed that the question of their absorption would be dealt with in accordance to the statutory rules that may be framed by the Government. Paragraph No.6 of the report dealt with certain directions issued with regard to the State of Uttranchal as such is not relevant for the present context. However, for the sake of accuracy Paragraph No.5 of the judgment of the Apex Court is quoted herein under: