YASH PAL & ORS. versus UNION OF INDIA AND ORS.

Citation: [2017] 1 S.C.R. 406 · Decided: 02-01-2017 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off

Judgment (excerpt)

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[2017] 1 S.C.R. 406 , 
YASH PAL & ORS. 
v. 
UNION OF INDIA AND ORS. 
(Writ Petition (Civil) No. 616of2013) 
JANUARY 02, 2017 
[T.S. THAKUR, CJI AND DR. D.Y. CHANDRACHUD, J.] 
Constitution of India - Arts. 32, 14, 16 - Extension of 
principle of equal pay equal work to temporary employees -
Petitioners-porters, engaged by Indian Army as casual labour for 
number of years, filed writ petition seeking treatment as equal as 
regular employees and benefit of minimum pay-scales - Held: 
Consistent with the position in law and the background of the instant 
case in regard to regularization, mandamus may liot be issued to 
the Union government for regularization - However, scheme 
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proposed by the Ministry of Defence in consultation with the Indian 
Army for providing better working conditions to the porters - Taking 
into consideration the said scheme, directions issued to the 
respondent-Union Government - Firstly, fresh look directed to be 
given at the aspect of payment of minimum wages so that the 
petitioner-porters are paid wages at par at the lowest pay-scale 
applicable to multi-tasking staff and further if there are provisions 
enabling additional payments to be made for work in high altitude 
or high risk/active field areas, such paymellls to be allowed under 
the scheme - Secondly, scheme to provide for regular medical 
facilities including in the case of injury or disability - Thirdly, 
amount of compensation in case of death or permanent disability 
also directed to be looked at afresh and suitably enhanced -
Fourthly, terminal benefit directed to be enhanced so as to provide 
for compensation not less than at rate computed at fifteen days 
salary for every completed year of service - Said directions to be 
kept in mind in the course of the finalization of scheme - Workmen s 
Compensation Act, 1923 - Regularization. 
The Petitioners - porters were engaged by the Indian Army 
as casual labour daily wage employees in the border areas of 
Rajouri, Jammu and Poonch. Their grievance is that they have 
not been treated as regular employees and have been denied the 
406 
YASH PAL & ORS. v. UNION OF INDIA AND ORS. 
407 
benefit of minimum pay-scales despite long years of service in 
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arduous conditions prevalent in a difficult terrain. 
Disposing of the writ petitions, the Court 
HELD:l.1. Though this Court consistent with the position 
in law and the background of this case in regard to regularization 
may not be in a position to issue a mandamus to the Union 
government to regularize but surely that does not prevent the 
government from taking a robust view of reality in consultation 
with the Armed Forces whom the porters serve with diligence 
and loyalty. The scheme proposed by the Ministry of Defence in 
consultation with the Indian Army for providing better working 
conditions to the porters undoubtedly marks a welcome 
improvement over the present conditions of porters. [Para 11 J 
[415-A-BJ 
1.2. However, there are certain areas where this Court 
proposes to issue directions to the Union government, iu the 
following terms. Firstly, the scheme as proposed provides for 
the payment of minimum wages at the prevailing 'Nerrik Rates'. 
This aspect requires a fresh look so that the porters are paid 
wages at par at the lowest pay-scale applicable to multi-tasking 
staff. Further, ifthere are provisions enabling additional payments 
to be made (either by way of allowances or otherwise) for work in 
high altitude areas or in high risk/active field areas, such payments 
shall be allowed under the scheme. Secondly, the scheme must 
provide for regular medical facilities including in the case of injury 
or disability. Thirdly, the amount of compensation in the case of 
death or permanent disability should also be looked at afresh 
and suitably enhanced. The present scheme provides for an 
interim relief of rupees twenty thousand to be sanctioned at the 
discretion of the local formation commander. A maximum payment 
of Rupees two lakhs as applicable under the Workmen's 
Compensation Act, 1923 is contemplated. The provision for 
compensation shall be enhanced to provide for dignified payments 
in the event of death or disability. Fourthly, a onetime severance 
grant of rupees fifty thousand is provided in the proposed scheme 
subject to a minimum service of ten years. This measly payment 
on severance does not fulfil the mandate of fairness, on the part 
of the State. The terminal benefits shou

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