GUJARAT AGRICULTURAL UNIVERSITY versus RATHOD LABHU BECHAR AND ORS.

Citation: [2001] 1 S.C.R. 413 · Decided: 18-01-2001 · Supreme Court of India · Bench: AJAY PRAKASH MISRA · Disposal: Disposed off

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Judgment (excerpt)

GUJARAT AGRICULTURAL UNIVERSITY 
v. 
RATHOD LABHU BECHAR AND ORS. 
JANUARY 18, 2001 
(A.P. MISRA AND D.P. MOHAPATRA, JJ.] 
labour law: 
Industrial Disputes Act, 1947: Section 10(/)(c). 
Daily wage workers-Regularisation of-Plumbers, carpenters, 
sweepers, pump operators, helpers, masons etc. employed as daily wage 
A 
B 
c 
~ 
labourers for a long time-Industrial dispute raised seeking their 
regularisation from the day they had completed 240 days of service and 
sought further benefits at par with permanent employees-Industrial Tribunal 
directed the employer to regularise the services of such daily wage workers D 
who had completed JO years of service (with minimum 2400 days) as on 
1-1-/993-Sing/e Judge directed employer to make payment to the workmen 
at the minimum of the pay scale and also to frame a Scheme for regularisation 
of such daily wage /abourers-lPAs dismissed-During pendency of appeal 
before the Supreme Court employer framed a Scheme for absorption of such E 
employees-Scheme provided for regularisation of daily wage workers who 
had completed JO years of service as on 31-12-1999-Scheme also provided 
for regularisation in a phased manner and prescribed minimum qualifications 
for such daily wage workers-Validity-Held: Taking work from daily wage 
workers or ad hoc appointees has to be for a short period or as a stop-gap 
arrangement-Work taken by an employer from daily wage workers F 
continuously for a long time without regularisation is an unfair labour 
practice-Such a practice is denounced-Financial viability may be a 
consideration for such a practice but it should not be stretched beyond 
limits-Prescribed minimum qualification needs to be relaxed in respect of 
daily wage workers with long experience without complaints-Maximum G 
workers who had completed JO years of service as on 3/-12-1999 be 
absorbed-Thereafter, reassessment for additional posts to be done in the 
same perspective-Phased manner of absorption of workers, approved-
Scheme modified to this extent. 
The appellant, an educational institution fully aided by the State H 
413 
414 
SUPREME COURT REPORTS 
[200 I] I S.C.R. 
A Government, was engaged in the educational activities in agricultur·e and 
other allied sciences. The appellant engaged the respondents as daily wage 
workers such as plumbers, carpenters, sweepers, pump operators, helpers, 
masons etc. 
B 
The respondents raised an industrial dispute seeking regularisation 
of their services from the day they completed 240 days of service and benefit 
at par with the permanent employees. The Industrial Tribunal directed the 
appellant to regularise the services of all such daily wage employees who had 
completed 10 years of service (with minimum 2400 days) as on 1-1-1993. 
Single Judge set aside the award with a direction to the appellant to make 
c the payment to the workmen at the minimum of the pay scale and also to 
frame a Scheme for the regularisation of such daily wage labourers. The 
LPA was dismissed. Hence this appeal. 
During the pendency of the appeal before this Court the appellant 
framed a Scheme for the absorption of these daily wage labourers. The 
D Scheme provided for regularisation of the daily wage workers who had 
completed 10 years of service as on 31-12-1999. The Scheme also prescribed 
the minimum qualification and also proposed regularisation in a phased 
manner. 
Disposing of the appeal, the Court 
E 
HELD : 1.1. It is well settled that if the employer takes work continuously 
from daily wage workers for a long number of years without considering 
their regularisation for the employer's financial gain as against the 
employees' legitimate claim, such a practice has been held repeatedly as an 
unfair labour practice. In fact, taking work from daily wage workers or ad 
F hoc appointees is always viewed to be only for a short period or as a stop-
gap arrangement, but it is found that a culture is growing to continue with 
it for a long time, either for financial gain or for controlling its workers 
more effectively with the sword of Damocles hanging over their heads or to 
continue with the favoured ones in the cases of ad hoc employee withstaling 
G competent and legitimate claimants. This practice is denounced.(424-B-C-D( 
1.2. If the work is of such a nature, which has to be taken continuously 
and in any case when this pattern becomes apparent, when they continue to 
work for year after year, only option to the employer is to regularise them. 
Fin

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