- (1.) WE have heard learned standing counsel for the appellants. Sri A.K. Srivastava appears for respondents.
(2.) THIS Special Appeal has been filed against the judgment of the learned Single Judge dated 19.9.1996 by which he entertained the writ petition filed by Chaturth Shreni Ban Karamchari Sangh, U.P., Ballia, for payment of minimum wages to the daily wagers, and disposed of the matter on the same day, purportedly with the consent of learned Counsel for the parties, as the law which was prevailing at that time with following directions: The writ petition, for the reasons given above, succeeds in part. The respondents are directed to pay salary to the members of the Association numbering 30 disclosed in annexure -1 to this writ petition as is being given and paid to the regular employees of the department in the same cadre and the respondents are further commanded to give benefit of judgment of this Court in Civil Misc. Writ Petition No. 15627 of 1998. It is, however, clarified that the respondents shall pay to the employees mentioned in annexure -1 to this writ petition wages/salary at the rates equivalent in the minimum pay -scale of regular employees in the corresponding cadre but without any increment w.e.f. 16.8.1996 viz., the date of presentation of this writ petition in in this Court. A large number of writ petitions were decided with directions for regularization of daily wage employees of the Forest Department.
(3.) IN State of U.P. and Ors. v. Putti Lal : 2002 (3) AWC 2375 decided on 21.2.2002, the Supreme Court considered and decided a batch of appeals with directions to consider all such employees for regularization under the Rules made under the proviso to Article of the Constitution called 'Uttar Pradesh Regularization of Daily Wages Appointment on Group 'D' Posts Rules, 2001'. Since a statutory rule was framed indicating the manner in which the daily wagers can be regularized, the Supreme Court observed that the question of framing any further scheme for regularization of daily wagers of Forest Department did not arise.;