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SUDAMA SINGH & OTHERS versus D.D.C. & OTHERS

High Court of Judicature at Allahabad

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Sudama Singh & Others v. D.D.C. & Others - WRIT - B No. 8724 of 2005 [2005] RD-AH 6011 (18 November 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

vvHon'ble Rakesh Tiwari,J.

      Heard counsel for the parties and perused the record.

        It appears that the petitioner was appointed as Pump Operator on daily wage basis in 1981.  He claims minimum pay scale at par with the regular employee of the Government. This Court can not issue any direction for regularization of the services of the petitioner in view of the decision of the Apex Court in State of Punjab and others Vs.Sardara Singh  (1998) 9 SCC-709.

          In so far as payment of minimum pay scale at par with a regular employee is concerned, it is admitted fact that the petitioner was appointed as daily wager. Minimum pay scale connotes permanent appointment on the post. The daily wage employees are paid wages notified under the Minimum Wages Act.  

       It is settled position of law that the method and mode of recruitment of an employee on permanent post is different and the responsibilities shouldered by a permanent employee is also different and who is amenable to disciplinary action. To my mind, the status of a daily wage employee is not that of a regular employee if he is discharging the same duties. If the petitioner claims that he is discharging the same duties and shouldering the same responsibilities etc. that is being discharged by a regular employee and is entitled to minimum pay scale, he must get a finding of fact in this regard from the Labour Court.

       For the reasons stated above, I do not find any merit in this petition. The petitioner may take recourse of any remedy available to him under the law.

           The petition is dismissed.

Dated 18.11.2005

CPP/-8724-2004

Hon'ble Rakesh Tiwari,J.

      Heard counsel for the parties and perused the record.

        It appears that the petitioner was appointed as Pump Operator on daily wage basis in 1981.  He claims minimum pay scale at par with the regular employee of the Government. This Court can not issue any direction for regularization of the services of the petitioner in view of the decision of the Apex Court in State of Punjab and others Vs.Sardara Singh  (1998) 9 SCC-709.

          In so far as payment of minimum pay scale at par with a regular employee is concerned, it is admitted fact that the petitioner was appointed as daily wager. Minimum pay scale connotes permanent appointment on the post. The daily wage employees are paid wages notified under the Minimum Wages Act.  

       It is settled position of law that the method and mode of recruitment of an employee on permanent post is different and the responsibilities shouldered by a permanent employee is also different and who is amenable to disciplinary action. To my mind, the status of a daily wage employee is not that of a regular employee if he is discharging the same duties. If the petitioner claims that he is discharging the same duties and shouldering the same responsibilities etc. that is being discharged by a regular employee and is entitled to minimum pay scale, he must get a finding of fact in this regard from the Labour Court.

       For the reasons stated above, I do not find any merit in this petition. The petitioner may take recourse of any remedy available to him under the law.

           The petition is dismissed.

Dated 18.11.2005

CPP/-8724-2004

Hon'ble Rakesh Tiwari,J.

      Heard counsel for the parties and perused the record.

        It appears that the petitioner was appointed as Pump Operator on daily wage basis in 1981.  He claims minimum pay scale at par with the regular employee of the Government. This Court can not issue any direction for regularization of the services of the petitioner in view of the decision of the Apex Court in State of Punjab and others Vs.Sardara Singh  (1998) 9 SCC-709.

          In so far as payment of minimum pay scale at par with a regular employee is concerned, it is admitted fact that the petitioner was appointed as daily wager. Minimum pay scale connotes permanent appointment on the post. The daily wage employees are paid wages notified under the Minimum Wages Act.  

       It is settled position of law that the method and mode of recruitment of an employee on permanent post is different and the responsibilities shouldered by a permanent employee is also different and who is amenable to disciplinary action. To my mind, the status of a daily wage employee is not that of a regular employee if he is discharging the same duties. If the petitioner claims that he is discharging the same duties and shouldering the same responsibilities etc. that is being discharged by a regular employee and is entitled to minimum pay scale, he must get a finding of fact in this regard from the Labour Court.

       For the reasons stated above, I do not find any merit in this petition. The petitioner may take recourse of any remedy available to him under the law.

           The petition is dismissed.

Dated 18.11.2005

CPP/-8724-2004


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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