The Appellants are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts.’
The Supreme Court on Wednesday reiterated that temporary employees are
entitled to draw wages at the minimum of the pay scales which are
applicable to the regular employees holding the same post.
The bench allowed appeals filed by daily rated workers employed in Group
‘D’ posts in the Forest Department in Uttar Pradesh against Allahabad
High Court judgment that had dismissed their pleas.
The high court had relied on Supreme Court judgments in State of Haryana
v. Tilak Raj and State of Punjab v. Surjit Singh to hold that the daily
wagers are not entitled to the minimum of the pay scales.
Before the bench, the appellants placed reliance on an earlier decision
by a three-judge bench of the apex court in State of U.P. & Ors. v.
Putti Lal, in which the apex court had affirmed a high court judgment
that held that the daily-rated wage workers shall be paid at the minimum
of the pay scales was affirmed by this court on the principle of equal
pay for equal work.
The bench also noticed a judgment in State of Punjab vs. Jagjit Singh
which had relied on Putti Lal (supra) and held that temporary employees
are entitled to draw wages at the minimum of the pay scales which are
applicable to the regular employees holding the same post.
Allowing the appeals and holding that these daily wagers are entitled to
be paid the minimum of the pay scales applicable to regular employees
working on the same posts, the bench said: “In view of the judgment in
Jagjit Singh (supra), we are unable to uphold the view of the High Court
that the Appellants-herein are not entitled to be paid the minimum of
the pay sales. We are not called upon to adjudicate on the rights of the
Appellants relating to the regularization of their services. We are
concerned only with the principle laid down by this Court initially in
Putti Lal (supra) relating to persons who are similarly situated to the
Appellants and later affirmed in Jagjit Singh (supra) that temporary
employees are entitled to minimum of of the pay scales as long as they
continue in service.”
The bench then directed the state to make payment of the minimum of pay
scales to these daily wagers with effect from this December 1.
