Decided on October 06,2012

Atol Singh Respondents


BARIN GHOSH, J. - (1.) THERE has been 49 days delay in preferring the. appeal and, accordingly, an application has been made for condonation of delay in preferring the appeal. Though, time was granted to file objection to the application for condonation of delay in filing the appeal, but no such objection has been filed.
(2.) WE have considered the averments made In the application for condonation of delay in preferring the appeal and being satisfied with the sufficiency of the reasons furnished, allow the same.
(3.) HEARD learned counsel for the parties. Appellants herein are not disputing that the respondent herein was engaged as a daily wage workman from April 1996 and is still continuing as such workman. There appears to be no dispute . that similarly placed workmen approached the Hon'ble -Allahabad High Court seeking a mandamus to regularize their services. The Honble Allahabad High Court in the leading case of Putti Lal issued a direction to regularize the services of daily wagers and also to pay them minimum of the pay scale of Group 'D employees. The State of Uttar Pradesh filed a Special Leave Petition, which was registered as Civil Appeal No. 3634 of 1998 (State of Uttar Pradesh versus Putti Lal). The same was disposed of by an order dated 21st February, 2002. The Hon 'ble Supreme Court held that when daily wage workmen were discharging similar duties as those of regular employees, daily wage workmen are entitled to receive the minimum pay scale on the principle of equal pay for equal work. The Hon 'ble Supreme Court, at the time of parting, desired that appropriate steps would also be taken for regulari -zation of such daily wage workmen. In 2003, the State of Uttarakhand took a decision and thereby provided that daily wage workmen, as that of the respondent, if commenced working as daily wage workmen since prior to 1991 and are still continuing to discharge the duties of daily wage workmen as on the date of making of the said Government Order/Rules, steps will be, taken for their regularization. In view of the said decision, thus, taken by the Government of Uttarakhand, the Conservator of Forests issued a direction and thereby provided that there shall be two fixed remunerations for daily wage workmen, of which one will be equivalent to the minimum scale of regular employees, which shall be paid to those daily wage workmen, who are working since 1991 and who may be regularized under the 2003 Government Order/Rules and the remaining will be getting the lower one. While taking the said step, the Conservator of Forests did not bother even to look into the judgment of Horible Supreme Court rendered in the case of Putti Lal. In that case, Honble Supreme Court pronounced that if a daily wage workman is asked to discharge similar duties as of those regular workmen, the daily wage workman is entitled to receive minimum of the pay scale on the principle of. equal pay for equal work. It is not the case of the Conservator of Forests, as depicted in the impugned order, that he directed payment of the lower wage to those daily wage workmen, who were not asked to discharge duties of regular workmen.;

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