U.P. INCOME-TAX DEPARTMENT CONTINGENT PAID STAFF WELFARE ASSOCIATION versus UNION OF INDIA & ORS.

Citation: [1988] 2 S.C.R. 170 · Decided: 04-12-1987 · Supreme Court of India · Bench: E.S. VENKATARAMIAH, K.N. SINGH · Disposal: Case Allowed

Judgment (excerpt)

A 
B 
U.P. INCOME-TAX DEPARTMENT CONTINGENT PAID 
STAFF WELFARE ASSOCIATION 
v. 
UNION OF INDIA & ORS. 
DECEMBER 4, 1987 
[E.S. VENKATARAMIAH AND K.N. SINGH, JJ.] 
Contingent Paid Staff-Regularisation of their Services. 
The petitioner, the Association of the U.P. Income-tax Depart-
C 
ment Contingent Paid Staff is aggrieved that even though its members 
have been rendering service as class IV employees in the ll.P. Income-
tax Department for a large number of years, the Department is not 
regularising their services and absorbing them in the class IV services, 
and they are being paid wages as daily rated labourers, lower than the 
D 8alary and allowances paid to the class IV employees of the Depart-
ment. The petitioner filed a Writ Petition in this Court, praying for a 
writ of mandamus for the relief above-mentioned. 
Allowing the petition, the Court, 
E 
HELD: The questions involved in this case are almost the same as 
in the Writ l.'ditfo11• Nos. 373 and 302 of 1986, decided by this Court 
by its jmlgment dated October 27, 1987, reported in Daily Rated 
Casual Labour Employed under P & T Department, through Bhara-
tiya Dak Tar Mazdoor Manch v. Union of India and Ors., (JT. 1987 [4] 
S.C. 164), and the same orders/directions as given in that case, he 
F 
passed in this case. Accordingly, respondents directed to pay wage: to 
the workmen employed as contingent paid staff of the Income-tax 
Department throughout India, doing the work of class IV employees 
at the rates equivalent to the minimum pay in the pay scale of the 
regularly employed workers in the corresponding cadres, without any 
increments with effect from December I, 1986. Such workmen are also 
G entitled to corresponding dearness allowance and additional dearness 
allowance payable thereon. Whatever other benefits are now being 
enjoyed by the said workmen shall continue to be extended to them. 
The respondents shall prepare a scheme on a rational basis for absorb-
ing as far as possible the contingent paid staff of the Income-tax Depart-
ment, who have been continuously working for more than one year as 
H Class IV employees in the Income-tax Department. [ 17111; 172H; l73A-C; 
170 
I J 
i 
• -r 
/"', 
U.P. INCOME-TAXDEPARTMENTv. U.0.1. [VENKATARAMIAH,J.[ 171 
ORIGINAL JURISDICTION: Writ Pe.tition (Civil) No. 1670 
A 
of I986. 
(Under Article 32 of the Constitution of India). 
R.C. Kaushik for the Petitioner. 
V.C. Mahajan, Ms. A. Subhashini and Girish Chandra for the 
Respondents. 
The following Order of the Court was delivered 
ORDER 
This is a petition under Article 32 of the Constitution of India . 
.,, 
The petitioner in this case is the U.P. Income-tax Department 
B 
c 
-< 
Contingent Paid Staff Welfare Association. The members of the said 
association, as the name of the Association itself suggests, are the 
D 
contingent paid staff in the Income-tax Department. Their complaint 
is that even though they have been rendering the service as Class IV 
employees in the Income-tax Department for a large number of 
years, the Income-tax Department has not taken steps to regularise 
-... 
their services and to absorb them as members of the Class IV services 
·-
and that they are being paid wages as daily rated labourers lower 
than the salary and allowances which the Class IV employees of the 
Department have been drawing. They pray for the issue of a writ in 
the nature of mandamus to the respondents to pay them the same 
salary and allowances which are paid to the employees of the 
Department in corresponding posts and also for regularising their 
service. A counter-affidavit has been filed on behalf of the respon-
dents. The respondents do not deny that the contingent paid staff are 
being paid daily wages lower than what is being paid to regular emp-
loyees. It also refers to certain Government order providing for reg-
ularisation under certain terms and conditions. 
When this petition came up for admission the Court directed 
that this case should be listed after the disposal of the Writ Petitions 
No. 373 and 302 of 1986 instituted by the daily rated casual labour 
employed in the Posts and Telegraph Department, since the ques-
tions involved in this case and in those two writ petitions were almost 
the same. By its judgment dated 27.10.1987 in Daily Rated 
Casual 
Labour 
employed 
under 
P 
& 
T 
Department 
E 
F 
G 
H 
•' 
172 
SUPREME COURT REPORTS 
[1988] 2 S.C.R. 
A though Bhartiya Dak Tar Mazdoor Manch v. Union of India 
& Ors., (JT. !9

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