L.NAGESWARA RAO, J. - (1.) Leave granted. The point that arises for consideration in these appeals is whether the daily wagers/respondents are entitled for regularization of their services.
(2.) The appellant university engaged daily wagers at different agricultural research centers who are skilled, semi- skilled, unskilled and field labourers. The daily-wage workers have been working as plumbers, carpenters, sweepers, pump operators, helpers, masons etc. An industrial dispute was raised by the daily wagers seeking regularization of their services. The Industrial Tribunal, Rajkot directed the appellant to regularize the services of all the daily-rated labourers who have completed 10 years of service as on 01.01.1993 with pay and allowances along with other benefits of the permanent Class IV employees. The writ petition filed by the appellant against the judgment of the industrial tribunal was partly allowed by the High Court. The judgment of the industrial tribunal was set aside and the appellant was directed to make payment to the workmen at the minimum of the pay scale and to frame a scheme for regularization of such daily-rated labourers. The Letter Patent Appeal filed by the management was dismissed. During the pendency of the appeal filed against the judgment of the High Court by the appellant, a scheme for regularization of daily-rated labourers of Gujarat Agricultural University was framed.
(3.) According to the scheme, all daily wagers who have completed 10 years or more of continuous service with a minimum of 240 days in each calendar year as on 31.12.1999 shall be regularized as regular employees with effect from 01.01.2000 and shall be placed in the time-scale of pay applicable to the corresponding lowest grade in the university subject to certain terms and conditions. One of the conditions is that the daily-rated wagers shall be eligible and must possess the prescribed qualification for the posts at the time of their appointment on daily-rated basis. It was proposed in the scheme that the regularization will be against the posts/vacancies of the relevant categories. The daily-wage employees shall be regularized in a phased manner to the extent of available regular sanctioned posts/vacancies on the date of regularization and on the basis of seniority-cum-suitability including physical fitness. Such of those daily wagers who have completed 10 years of continuous service with a minimum of 240 days in each calendar year as on 31.12.1999 but could not be regularized shall be treated as monthly rated employees w.e.f. 01.01.2000 in the fixed pay without allowances.;