DELHI MUNICIPAL KARAMCHARI EKTA UNION (REGD.) versus P.L. SINGH & ORS.

Citation: [1988] 2 S.C.R. 174 · Decided: 07-12-1987 · Supreme Court of India · Bench: E.S. VENKATARAMIAH, K.N. SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

A DELHI MUNICIPAL KARAMCHARI EKTA UNION (REGO.) 
v. 
P.L. SINGH & ORS. 
' 
A 
DECEMBER 7, 1987 
B 
[E.S. VENKATARAMIAH AND K.N. SINGH, JJ.] 
Constitution of India, Articles 14 & 16: Equal pay for equal 
work-Daily rated workmen working for a number of years at wages 
lower than minimum salary of regular incumbents-Held entitled to 
~-
wages at minimum of pay scale. 
c 
Labour Law: Daily rated workers working as such for eight 
( 
years-Regularisation/absorption of-Whether permissible. 
)_ 
The daily rated Vaccinators/Iinmunisors working under the 
... 
Delhi Municipal Corporation for more than eight years sought regu-
D larisation of their services and payment of wages at par with regularly 
appointed incumbents doing the same kind of work. On a reference 
the Industrial Tribunal took the view that the workmen concerned 
were not entitled to be regularised. 
Allowing the appeal by special leave, 
{ 
E 
HELD: The Vaccinators/lmmunisors involved in the appeal are 
entitled to be regularised. I 176G I 
-
i 
There was no justification for the respondent Corporation 
1~ 
extracting the same amount of work from the workmen concerned on 
F payment of daily wages at rates lower than the minimum salary which 
was being paid to other workmen who have been recruited regularly 
even though the workmen involved in the case have been working for a 
i 
numberofyears. [176C-D] 
The respondent Corporation to pay them wages at the rate 
G equivalent to the minimum pay in the pay scale of regularly employed 
,.. "' 
Vaccinators/lmmunisors without any increments with effect from the 
date of reference. They are also entitled to the corresponding dearness 
.. -t 
allowance. [!76F] 
The respondent Corporation to prepare a scheme on a rational 
H basis for absorbing as far as possible the workmen involved in the case 
174 
I ' 
~~ 
-l 
'1 
'·~ 
,. " 
MUNICIPAL KARAMCHARI UNION v. P.L. SINGH 
175 
as regular Vaccinators/lmmunisors within six months. Process of A 
absorption to be completed within eight months. Arrears of salary and 
allowance to be paid within four months. I !76G-H] 
Daily Rated Casual Labour employed under P & T Department 
through Bhartiya Dak Tar Mazdoor Manch v. Union of India & Ors., 
[1987] 2 SCALE, 844 and U.P. Income-tax Department Contingent 
B 
Paid Staff Welfare Association v. Union of Imiia &-Or.,,·(W.P. No. 
1870 of 1986), followed. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3921 
(NL) of 1987. 
From the Award dated 15.5. 1987 of the Industrial Tribunal 
No. III, Delhi in Industrial Dispute No. 157 of 1981/312 of 1987. 
P.N. Gupta for the Appellants. 
R.B. Datar and Ranjit Kumar for the Respondents. 
The following Order of the Court was delivered: 
ORDER 
c 
D 
Special leave granted. The appeal is heard. The appellant is the 
union of employees in the Delhi Municipal Corporation. Some of the 
members of the appellant union have been working as Vaccinators/ 
E 
Immunisors on daily wages under the Delhi Municipal Corporation 
for more than eight years whereas many others who have been 
regularly appointed and are doing same kind of work are being paid 
higher salary and allowances every month. Even though the Vacci-
nators/lmmunisors who have been working on daily wages have been 
working for a long number of years no action has been taken by the 
F 
Delhi Municipal Corporation for regularising their services. In view 
of the disparity in the payment of wages and the neglect on the part 
of the Corporation regarding the regularisation of the services of the 
daily rated workmen there arose an industrial dispute and the dispute 
was referred by the competent authority for adjudication to the 
Industrial Tribunal No. 3, Delhi under a notification dated G 
23. 11.1981. The question which was referred to the Tribunal was: 
"Whether the workmen mentioned in Annexure 'A' 
need to be regularised as Vaccinators/lmmunisors in the 
scale of Rs.260-430 and if so, from what date and what 
directions are necessary in this matter?" 
H 
A 
B 
176 
SUPREME COURT REPORTS 
[1988] 2 S.C.R. 
After hearing the matter the Tribunal agreed with all the 
contentions of the appellants but it held that no relief could be 
granted to them and that they should approach either the High Court 
or the Supreme Court for that purpose. Accordingly the Tribunal 
passed an award nearly six years after the date of the reference that 
the workmen concerned were not entitled to be regularised as 
Vaccinators/lmmunisors in the scale of Rs.260-430. 

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