Daily
Rated Casual Labour Employed Under P & T Department Vs. Union of India
& Ors [1987] INSC 297 (27 October 1987)
VENKATARAMIAH,
E.S. (J) VENKATARAMIAH, E.S. (J) RANGNATHAN, S. CITATION: 1987 AIR 2342 1988
SCR (1) 598 1988 SCC (1) 122 JT 1987 (4) 164 1987 SCALE (2)844
CITATOR
INFO : R 1988 SC 517 (3) R 1988 SC 519 (4) D 1989 SC1117 (3) F 1990 SC 883
(2,8) F 1991 SC 101 (223,241) RF 1991 SC1173 (6)
ACT:
Constitution
of India, 1950: Articles 14, 16, 37 and 38(2)-Posts and Telegraphs
Department-Daily rated casual labour-Classification on basis of number of days
of service for payment of wages-Whether Constitutional, justifiable and tenable
whether opposed to International Covenant on Economic, Social and Cultural
Rights-Non-regularisation of temporary employees or casual labour-Whether a
wise policy Directions issued for preparation of scheme for absorption of
casual labourers.
HEADNOTE:
%
International Covenant on Economic, Social and Cultural Rights, 1966: Article
7-Casual labour-Justifiable classification for payment of wages-Necessity
of-Non regularisation of service-Not wise policy-Necessity for absorption as
permanent workers.
The
petitioners who were working as 'Daily Rated Casual Labour' in the Posts and
Telegraphs Department, were categorised as unskilled, semi-skilled and skilled
workers.
By
the orders of the D.G., Post and Telegraphs Department No. 28-II/77-SR/STM
dated 15.5.80 and 10-4/83-R dated 26.7.84 they were further classified into (i)
those who had not completed 720 days of service; (ii) those who had completed
720 days and not completed 1200 days of service, and (iii) those who had
completed more than 1200 days of service, and were granted different rates of
wages as laid down therein. Aggrieved by these orders, the petitioners
submitted a statement of demands through their federation to the authorities,
claiming regularisation, payment of interim relief and bonus, supply of
dresses, leave and medical facilities etc.
Not
satisfied with the reply received by them, the petitioners filed writ
petitions, for the issue of a writ in the nature of mandamus to the Union of
India and to direct it to pay them same salary, allowances, and other benefits
as were being paid to regular and permanent employees of the Union of India in
corresponding cadres and to regularise the 599 service of the casual labour who
had been in continuous service for more than 6 months. Their principal
complaint was that even though many of them had been working for the last ten
years as casual labourers, the wages paid to them were very low and far less
than the salary and allowances paid to regular employees of the Posts and
Telegraphs Department belonging to the equivalent categories and, secondly that
no scheme had been prepared by the Union of India to absorb them regularly in
its service and they had been denied the benefits of increments, pension, leave
facilities etc. etc. which were enjoyed by those who had been recruited
regularly.
The
petitioners were opposed by the respondents contending that since the
petitioners belonged to the category of casual labour and were not being
regularly employed, they were not entitled to the same privileges which regular
employees were enjoying.
Disposing
of the writ petitions, ^
HELD:
1.1 The classification of employees in the present case into casual employees
and regularly recruited employees for the purpose of paying less than the
minimum pay payable to employees in the corresponding regular cadres
particularly in the lowest rungs of the department, where the pay scales are
the lowest is not tenable. The further classification of casual labourers into
three categories, namely, (i) those who have not completed 720 days of service;
(ii) those who have completed 720 days of service and not completed 1200 days
of service, and (iii) those who have completed more than 1200 days of service
for the purpose of payment of different rates of wages is equally untenable.
There is clearly no justification for doing so.
Such
a classification is violative of Articles 14 and 16 of the Constitution. It is
also opposed to the spirit of Article 7 of the International Covenant on
Economic, Social and Cultural Rights, 1966 which exhorts all States, parties to
the Covenant to ensure fair wages and equal wages for equal work. [608E-H]
1.2
The State cannot deny at least the minimum pay in the pay scales of regularly
employed workmen even though the Government may not be compelled to extend all
benefits enjoyed by regularly recruited employees. Such denial amounts to
exploitation of labour. [608Dl
1.3
The Government should be a model employer. It cannot take advantage of its
dominant position, and compel any worker to work 600 even as a casual labourer
on starving wages. It may be that the casual labourer has agreed to work on
such low wages.
That
he has done, because he has no other choice. It is poverty that has driven him
to that state. [608E-Fl
1.4
It may be that the petitioners have not been regularly recruited, but many of
them have been working continuously for more than a year in the Department, and
some of them have been engaged as casual labourers for nearly ten years. They
are rendering the same kind of service which is being rendered by the regular
employees doing the same type of work. [608A-B]
1.5
Even though the Directive Principle contained in Article 38(2) may not be
enforceable as such by virtue of Article 37 of the Constitution of India, it
may be relied upon to show that they have been subjected to hostile
discrimination. [608C ] Dhirendra Chamoli and Another v. State of U.P., [1986]
1 SCC V 637, relied on.
2.1
Non-regularisation of temporary employees or casual labour for a long period is
not a wise policy. 610E-F]
2.2
India is a socialist republic. It implies the existence of certain important
obligations which the State has to discharge. Many rights like right to work,
equal pay for equal work, security of work, etc. have to be ensured by appropriate
legislation and executive measured. [609D-E]
2.3
If a person does not have the feeling that he belongs to an organisation
engaged in production, he will not put forward his best effort to produce more.
That sense of belonging arises only when he feels that he will not be turned
out of employment the next day at the whim of management. Security of work
should as far as possible be assured to the employees so that they may
contribute to the maximisation of production. Managements and the Governmental agencies
in particular should not allow workers to remain as casual labourers or
temporary employees for an unreasonably long period of time. [609G-H; 610A]
2.4
The employees belonging to skilled, semi-skilled and unskilled classes can be
shifted from one department to another even if there is no work to be done in a
given place. Administrators should realise even as a casual labourer on
starving wages. It may be that the casual labourer has agreed to work on such
low wages. That he has done, because he has no other choice. It is poverty that
has driven him to that state. [608E-F] 601 that if any worker remains idle on
any day, the country loses the wealth that he would have produced during that
day. Our wage structure is such that a worker is always paid less than what he
produces. [610B-C]
3.
The Union of India and the other respondents are directed to pay wages to the
workmen who are employed as casual labourers at the rate equivalent to the
minimum pay in the pay scales of the regularly employed workers in the
corresponding cadres but without any increments with effect from 5th of
February, 1986 and corresponding Dearness Allowance and Addl. Dearness
Allowances, if any, payable thereon. Other benefits which are now being enjoyed
by the casual labourers shall continue to be extended to them. The arrears of
wages payable shall be paid within four months.
[609B-C;
610G] The respondents are directed to prepare a scheme for absorbing as far as
possible the casual labourers who have been continuously working for more than
one year in the Posts and Telegraphs Departments 610-Fl
ORIGINAL
JURISDICTION: Writ Petition No. 373 of 1986. (Under Article 32 of the
Constitution of India). A.K. Goel, E.X. Joseph and N.S. Das Bahl for the
petitioners.
V.C.
Mahajan, Girish Chandra, Mrs. Sushma Suri and Miss A. Subhashini for the
Respondents.
The
Judgment of the Court was delivered by VENKATARAMIAH, J. These petitions are
filed on behalf of persons who are working as 'Daily Rated Casual Labour' in
the Posts and Telegraphs Department. The 'Daily Rated Casual Labour' includes
three broad categories of workers, namely, unskilled, semiskilled and skilled.
The unskilled labour consists of safai workers, helpers, peons etc. and is
mostly engaged in digging, carrying loads and other similar types of work. The
semi-skilled labour consists of carpenters, wiremen, draftsmen, A.C. mechanics
etc. who have technical experience but do not hold any degree or diploma.
The
skilled labour consists of labour doing technical work, who hold requisite
degrees/diplomas.
The
principal complaint of the petitioners is that even though 602 many of them
have been working for the last ten years as casual A labourers, the wages paid
to them are very low and far less than the salary and allowances paid to the
regular employees of the Posts and Telegraphs Department belonging to each of
the categories referred to above and secondly no scheme has been prepared by
the Union of India to absorb them regularly in its service and consequently
they have been denied the benefits, such as increments, pension, leave
facilities etc. etc. which are enjoyed by those who have been recruited
regularly. They allege that they are being exploited by the Union of India.
They
have produced the order of the Director General, Posts and Telegraphs
Department bearing No. 28-II/77-SR/STN dated 15.5.1980 which prescribes the
rate or rates of wages payable to the casual labour in the Telecommunication
Wing of the Department. The relevant part of the order reads thus:
"No.
28-II/77-SR/STN Office of the Director General Posts and Telegraphs, New
Delhi-1, 15.5.1980 To ..............................
Subject:
Increase in rate of daily wages for the casual labour employed in the Telecom.
Wing of P & T. The employment of casual labour in the Telecom. Wing, who
are working for a reasonably long period, on continuous basis was one of the
items under discussion in the P & T Department council (JCM). The potential
of absorption of the large force of casual mazdoor in regular grade was limited
on the Telecommunication side. As an alternative to regular absorption it was
proposed that a wage related to the minimum of the pay scale of Time-Scale
Group-D cadre with the benefit of neutralisation for the rise in cost-Index as
applicable to regular employees may be effected.
603
2.
The President is now pleased to decide that the A rates of daily wages for the
casual labour employed in the Telecom. Wing of P & T will be as follows:(i)
Casual labour who has not completed 720 days of service in a period of three
years at the rate of 240 days per annum with the Department as on 1.4.80.
_________________________________________________
No change. They will continue to be paid at the approved local rates.
(ii)
Casual labour who having been working with the Department from 1.4.77 or
earlier and have completed 720 days of service as on 1.4.80.
__________________________________________________
Daily wages equal to 75% of 1/30th of the minimum of Group time Scale plus
admissible D.A.
_________________________________________________
(iii) Casual labour who has been working in the Department from 1.4.1975 or
earlier and has completed 1200 days of service as on 1.4.1980.
_________________________________________________
Daily wages equal to 1/30th of the minimum of the Group Time Scale plus 1/30th
of the admissible D.A.
(iv)
All the casual labourers will, however, continue to be employed on daily wages
only.
(v)
These orders for enhanced rates for category (ii) & (iii) above will take
effect from 1.5.80.
(vi)
A review will be carried out every year as on the Ist of April for making
officials eligible for wages indicated in paras (ii) and (iii) above.
(vii)
The above arrangement of enhanced rates of daily wages will be without
prejudice to absorption of causal mazdoors against regular vacancies as and
they occur .................................................
604
sd/(M.S. Yegneshwaran) Asst. Director General (Stn.)" The above order is
followed by the another order bearing No. 10-4/83-R dated 26.7.1984 which reads
as under:To All General Managers Telecom.
Subject:
Increase in rates of daily wages for the casual/ semi-skilled/skilled labour.
Sir,
The employment of the casual semi skilled/skilled labour in the Telecom. Wing
who are working for a reasonably long period, on continuous basis has been
engaging the attention of this Directorate for quite sometime past. The
potential of absorption of labour of the type in regular grade was limited on
the Telecommunication side. As an alternative to regular absorption the need
was being felt that wage related to the minimum of the pay scale of semi
skilled skilled casual labour with the benefit of neutralisation for the rise
in cost index as applicable to regular employees may be effected as is at
present available to casual un-skilled labour working under the P & T
Department.
2.
The President is now pleased to decide that the rates of daily wages for the
semi-skilled/skilled casual labour employed in the Telecom. Wing of the P &
T Department will be as under:(i) Casual semi-skilled/skilled labour who has
not completed 720 days of service over a period of three years or more with the
department.
_________________________________________________
No change. They will continue to be paid at the approved local rates.
(ii)
Casual semi-skilled/skilled labour who has completed 605 720 days of service
over a period of three years or more.
_________________________________________________
Daily wage equal to 75% of 1/30th of the minimum of the scale of semi-skilled
(Rs. 210-270) or skilled (Rs.260-350) as the case may be, plus admissible
DA/ADA thereon.
(iii)
Casual Labour who has completed 1200 days of service over a period of 5 years
or more.
__________________________________________________
Daily wage equal to 1/30th of the minimum of the pay scale of semi-skilled
(Rs.210-270) skilled (Rs.260-350) as the case may be, plus DA/ADA admissible
thereon.
(iv)
All the casual semi-skilled/skilled labour will, however continue to be
employed on daily wages only.
(v)
These orders for enhanced rates for category (ii) and (iii) above will take
effect from 1.4.1984. (vi) A review for making further officials eligible for
wages vide (ii) and (iii) above will take effect as on Ist of April every year.
(vii)
If the rates calculated vide (ii) and (iii) above happen to be less than the
approved local rates, payment shall be made as per approved local rates for
above categories of labour.
(viii)
The above arrangements of enhanced rates of daily wages will be without prejudice
to absorption of casual semi-skilled/skilled labour against regular vacancies
as and when they occur.
(ix)
The benefit of increased rates of daily wages will not be admissible to the
casual semiskilled/skilled labour in whose case the continuous spells of duty
are intervened by a period of more than six months. The absence of more than
six months may, however, be condoned by the Divisional Engineer on one of the
two grounds namely, prolonged illness on production of medical certificates or
nonemployment due to nonavailability of work. In the case of 606 absence beyond
six months at a time on account of illness for the past years, the production
of medical certificate may not be insisted upon and the period of break may be
condoned if the Divisional Engineer is satisfied about the genuineness of the
absence
4.
These enhanced rates of daily wages are applicable to the semi-skilled/skilled
casual labour who strictly conform to the job content of corresponding regular
posts in scales of Rs.210270 and Rs.260-350 as the case may be and that there
should not be any variation in the respective job con tent. In case of slight
variation/doubt cases may be referred to the .P. & T for review .
Yours
faithfully, (V. Ramaswamy) Assistant Director General (Stn. )" Aggrieved
by the discrimination made against them by these orders which very heavily
weighed against them, the petitioners submitted a statement of demands through
the Secretary General, BPTEF, New Delhi, of which they were members, claiming
regularisation of casual labourers, payment of interim relief, payment of
bonus, supply of dresses, leave and medical facilities etc. They received a
reply from the Department on January 10, 1986 which read as under :"Sub:
Demands of casual labour-daily rated workers.
Ref:
Your letter No. PF/Casual Labour/86 dated 13.
12.
1985.
Please
refer to your above cited letter. The position regarding the various demands in
your above cited letter is as below:(i) Regularisation of Casual Labour.
This
is being done as per existing instructions of department of Personnel &
Training as against the vacancies as and when they arise. 607 (ii) Payment of
interim relief.
Revision
of wages is done once in a year for casual labourers of category 1 (those who
have not completed 720/120O days in 3/5 years) in the month of April taking
into account the prevailing local rates in consultation with the local
authorities.
However,
in respect of categories (ii) and (iii) i.e. for those who have completed
720/1200 days in 3/5 years, the revision is done as and when DA /ADA. Interim
Reliefs are being granted to regular staff at the rate of 3/4th full of the
minimum of the scale of regular class-IV employees ................
(vii)
Regularisation of skilled/semi/skilled/ unskilled labour in similar grade:Provision
has been made in the recruitment rules where ever possible to give preference
in recruitment for corresponding semi-skilled/skilled workers. Regarding
unskilled labour, they will be taken as Group staff as and when vacancies
arise, on their becoming eligible for absorption as per instruction of DGP
& T.
(S.
KRISHAN) DIRECTOR (ST) 10.1.1986." The petitioners were not satisfied with
the above reply received by them. They, therefore, filed the above petitions
and the first of them bearing Writ Petition No. 302 of 1986 was filed on
5.2.1986 for the issue of a writ in the nature of mandamus to the Union of
India to direct it to pay to the petitioners same salary and allowances and
other benefits as are being paid to the regular and permanent employees of the
Union of India in the corresponding cadres and to direct the Union of India to
regularise the service of the casual labour who had been in continuous service
for more than six months.
The
allegation made in the petitions to the effect that the petitioners are being
paid wages far less than the minimum pay payable under the pay scales
applicable to the regular employees belonging to corresponding cadres is more
or less admitted by the respondents. The respondents, however, contend that
since the petitioners belong to the category of casual labour and are not being
regularly employed, they 608 are not entitled to the same privileges which the
regular employees are enjoying. It may be true that the petitioners have not
been regularly recruited but many of them have been working continuously for
more than a year in the Department and some of them have been engaged as casual
labourers for nearly ten years. They are rendering the same kind of service
which is being rendered by the regular employees doing the same type of work.
Clause (2) of Article 38 of the Constitution of India which contains one of the
Directive Principles of State Policy provides that "the State shall, in
particular, strive to minimise the inequalities in income, and Endeavour to
eliminate inequalities in status, facilities and opportunities, not only
amongst individuals but also amongst groups of people residing in different
areas or engaged in different vacations." Even though the above Directive
Principle may not be enforceable as such by virtue of Article 37 of the
Constitution of India, it may be relied upon by the petitioners to show that in
the instant case they have been subjected to hostile discrimination. It is
urged that the State cannot deny at least the minimum pay in the pay scales of
regularly employed workmen even though the Government may not be compelled to
extend all the benefits enjoyed by regularly recruited employees. We are of the
view that such denial amounts to exploitation of labour.
The
Government cannot take advantage of its dominant position, and compel any
worker to work even as a casual labourer on starving wages. It may be that the
casual labourer has agreed to work on such low wages. That he has done because
he has no other choice. It is poverty that has driven him to that State. The
Government should be a model employer. We are of the view that on the facts and
in the circumstances of this case the classification of employees into
regularly recruited employees and casual employees for the purpose of paying
less than the minimum pay payable to employees in the corresponding regular
cadres particularly in the lowest rungs of the department where the pay scales
are the lowest is not tenable. The further classification of casual labourers
into three categories namely (i) those who have not completed 720 days of
service; (ii) those who have completed 720 days of service and not completed
1200 days of service and (iii) those who have completed more than 1200 days of
service for purpose of payment of different rates of wages is equally
untenable. There is clearly no justification for doing so. Such a
classification is violative of Articles 14 and 16 of the Constitution. It is
also opposed to the spirit of Article 7 of the International Covenant on
Economic, Social and Cultural Rights, 1966 which exhorts all States parties to
ensure fair wages and equal wages for equal work. We feel that there is
substance in the contention of the petitioners 609 In Dhirendra Chamoli and
Another v. State of U.P., [1986] 1 SCC 637 this Court has taken almost a
similar view with regard to the employees working in the Nehru Yuvak Kendras
who were considered to be performing the same duties as Class IV employees. We
accordingly direct the Union of India and the other respondents to pay wages to
the workmen who are employed as casual labourers belonging to the several
categories of employees referred to above in the Postal and Telegraphs
Department at the rates equivalent to the minimum pay in the pay scales of the
regularly employed workers in the corresponding cadres but without any
increments with effect from 5th of February, 1986 on which date the first of
the above two petitions, namely, Writ Petition No. 302 of 1986 was filed. The
petitioners are entitled to corresponding Dearness Allowance and Addl.
Dearness
Allowance, if any, payable thereon. Whatever other benefits which are now being
enjoyed by the casual labourers shall continue to be extended to them.
India
is a socialist republic. It implies the existence of certain important obligations
which the State has to discharge. The right to work, the right to free choice
of employment, the right to just and favourable conditions of work, the right
to protection against unemployment, the right of every one who works to just
and favourable remuneration ensuring a decent living for himself and for
family, the right of every one without discrimination of any kind to equal pay
for equal work, the right to rest, leisure, reasonable limitation on working
hours and periodic holidays with pay, the right to form trade unions. And the
right to join trade unions of one's choice and the right to security of work
are some of the rights which have to be ensured by appropriate legislative and
executive measures.
It
is true that all these rights cannot be extended simultaneously. But they do
indicate the socialist goal. The degree of achievement in this direction
depends upon the economic resources, willingness of the people to produce and
more than all the existence of industrial peace throughout the country. Of
those rights the question of security of work is of utmost importance. If a
person does not have the feeling that he belongs to an organization engaged in
production he will not put forward his best effort to produce more. That sense
of belonging arises only when he feels that he will not be turned out of
employment the next day at the whim of the management. It is for this reason it
is being repeatedly observed by those who are in charge of economic affairs of
the countries in different parts of the world that as far as possible security
of work should be assured to the employees so that they may contribute to the
maximisation of production. It is again for this reason that managements and
the Government agencies in particular should not allow 610 workers to remain as
casual labourers or temporary employees for an unreasonably long period of
time, where is any justification to keep persons as casual labourers for years
as is being done in the Postal and Telegraphs Department? Is it for paying them
lower wages? Then it amounts to exploitation of labour. Is it because you do
not know that there is enough work for the workers? It cannot be so because
there is so much of development to be carried out in the communications
department that you need more workers.
The
employees belonging to skilled, semi-skilled and unskilled classes can be
shifted from one department to another even if there is no work to be done in a
given place. Administrators should realise that if any worker remains idle on
any day, the country loses the wealth that he would have produced during that
day. Our wage structure is such that a worker is always paid less than what he
produces. So why allow people to remain idle? Anyway they have got to be fed
and clothed. Therefore, why don't we provide them with work? There are several
types of work such as road making, railway construction, house building,
irrigation projects, communications etc. which have to be undertaken on a large
scale. Development in these types of activities (even though they do not
involve much foreign exchange) is not keeping pace with the needs of society.
We are saying all this only to make the people understand the need for better
management of man power (which is a decaying asset) the non-utilisation of
which leads to the inevitable loss of valuable human resources. Let us remember
the slogan: "Produce or Perish". It is not an empty slogan. We fail
to produce more at our own peril. It is against this background that we say
that non-regularisation of temporary employees or casual labour for a long
period is not a wise policy. We, therefore, direct the respondents to prepare a
scheme on a rational basis for absorbing as far as possible the casual
labourers who have been continuously working for more than one year in the
Posts and Telegraphs Department.
The
arrears of wages payable to the casual laborers in accordance with this order
shall be paid within four months from today. The respondents shall prepare a
scheme for absorbing the casual labourers, as directed above, within eight
months from today.
These
petitioners are accordingly disposed of.
N.P.V.
Petitions disposed of.
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