THE DHARWAD DISTT. P.W.D. LITERATE DAILY WAGES EMPLOYEES ASSOCIATION & ORS. ETC. versus STATE OF KARNATAKA & ORS. ETC.

Citation: [1990] 1 S.C.R. 544 · Decided: 23-02-1990 · Supreme Court of India · Bench: RANGANATH MISRA
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Judgment (excerpt)

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B 
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THE DHARWAD DISTT. P.W.D. LITERATE DAILY 
!WAGES EMPLOYEES ASSOCIATION & ORS. ETC. 
v. 
STATE OF KARNATAKA & ORS. ETC .. 
FEBRUARY 23, 1990 
[RANGANATH MISRA, M.M. PUNCHHI AND 
S.C. AGRAWAL, JJ.] 
Karnataka State-Daily rated and monthly rated employees-
Treatment as regular government servants-Directions by Court. 
These are Writ Petitions nnder Article 32 of the Constitution of 
India and a Special Leave Petition against the Judgment of the 
Karnataka High Court filed by two trade unions and a Society formed 
by law students of the University College and two individuals asking for 
quashing the Karnataka Government's Notification dated llth March, 
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1982 and for directions to confirm the daily rated and monthly rated 
employees as regular government servants and for payment of normal 
salary and service benefits as applicable to the appropriate categories of 
the government servants. 
Nearly 50,000 such persons are employed in different Govern-
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ment establishments though many of them have put in 15 to 20 years of 
continuous service. They have not been regularised in their service and 
are not being paid equal pay for equal work as has been mandated by 
this Court by way of implementation of the Directive Principles of State 
Policy. 
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Pursuant to the directions of th's Court, the State of Karnataka 
filed a draft Scheme. The Court considering both the aspects of 'equal 
pay for equal work' and continuing casual employment for too long 
re-affirmed the view that the principle of 'equal pay for equal work' is 
not an abstract doctrine instead it is vital and vigorous doctrine 
accepted throughout the world. While accepting the petitions, the 
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Court, 
HELD: That 'equal pay for equal work' and providing security 
for service by regularising casual employment within a reasonable 
period have been unanimously accepted by this Court as a constitu-
tional goal of our socialist polity. While giving directions to the State for 
H giving final shape to the Scheme, the Court further held that under the 
544 
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P.W.D. EMP. ASSCN. v. STATE OF KARNATAKA 
545 
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scheme of the Constitution the pnrse remains in the hands of the Execu-
tive. The Legislature of the State controls the consolidated Fund out of 
which the expenditure to be incurred, in giving effect to the scheme will 
have to be met. ]553F; 559H; 560A] 
The now into the Consolidated Fund depends upon the policy of 
taxation depending perhaps on the capacity of the payer. Therefore 
undnly burdening the State for implementing the constitutional obliga-
tion would create problems which the State may not be able to stand. 
Directions have therefore been made with judicious restraint with the 
hope and trust that both parties would appreciate and understand the 
situation. The instrumentality of the State must realise that it is charged 
with a big trust. [5608-C] 
The casual/daily rated employees appointed on or before 1. 7.1984 
shall be treated as monthly rated establishment employees at the 
fixed pay of Rs. 780 p.m. without any allowances with effect from 
J. J.1990. [558H] 
The scheme which has been finalised is not the ideal one. It is the 
obligation of the Court to individualise justice to suit a given situation in 
a set of facts that are placed befor.e it. [559H] 
Randhir Singh v. Union of India & Ors., [1982] l SCC 618; 
Dhirendra Chamoli & Anr. v. State of U.P., [1986] l SCC 637; Surin-
der Singh & Anr. v. Engineer-in-Chief, C.P. W.D. & Ors., [1986] l 
SCC 639; Kishori Mohan/al Bakshi v. Union of India, AIR 1962 SC 
1139; D.S. Nakara v. Union of India, [1983] 2 SCR 165; R. C. Gupta & 
Ors. v. Lt. Governor, Delhi Admn. & Ors., [1987] 4 SCC 505; 
Bhagwan Dass & Ors. v. State of Haryana & Ors., [1987] l SCC 634; 
Jaipal & Ors. v. State of Haryana & Ors., [1988] 3 SCC 354; Daily 
Rated Casual Labour employed under P & T Department Contingent 
Paid Staff Welfare Association v. Union of India & Ors., [1987] Suppl. 
SCC 658; State of U.P. & Ors. v. J.P. Chaurasia & Ors., [1989] I SCC 
121; Kesavananda Bharati v. State of Kera/a, [1973] 4 SCC 225 and 
Bh_agwan Sahai Carpenter & Ors. v. Union of India & Anr., [1989] 1 
JT. 545, referred to. 
ORIGINAL JURISDICTION: Writ Petition Nos. 8307-11 of 
1983 etc. 
(Under Article 32 of the Constitution oflndia) " 
WITH 
Special Leave Petition No. 6823 of 1988. 
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546 
SUPREME COURT REPORTS 
[1990] 1 S.C.R. 
From the Judgment and Order dated 22.1.1988 of the Karnataka 
High Cour
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