VIKRAM NATH, J. - (1.) THESE contempt applications have been filed under Section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act), alleging non compliance of the judgment of the Division Bench of this Court dated 10.12.1997, passed in a bunch of special appeals filed by the State of U.P. and writ petitions filed by the employees of the Forest Department, leading case being Special Appeal No.653 of 1995, State of U.P. and others vs. Putti Lal, reported in [(1998) 1 UPLBEC 313] and also the judgment of the Apex Court dated 21.2.2002 in the case of State of U.P. and others vs. Putti Lal, reported in [(2002) 2 UPLBEC 1595].
(2.) IN the Forest Department of the State of U.P. large number of employees had been engaged as daily wagers/muster roll employees and were continued for years without there being any provision for providing them regular status. Sometimes in the year 1990, the Forest Department all over the State started disengaging these workmen apparently on the ground that their services were no longer required and also that their services could not be regularized as they had not worked continuously and there were large breaks in their service. These workmen approached the High Court. Initially in some cases interim orders were granted and these casual daily wagers were continued to be engaged on need basis. In 1995 learned Single Judge of this Court allowed the writ petition of some of the workmen with a direction to regularise the services of the petitioners therein. The State of U.P. filed intra court appeal against the judgment of the learned Single Judge. Following the judgment of the learned Single Judge large number of writ petitions were allowed resulting into filing of similar number of appeals by the State of U.P. One of the special appeals arose from the judgment in the Writ Petition No.15302 of 1993, Putti Lal vs. State of U.P. This special appeal was numbered as Special Appeal No.653 of 1995 and became the leading case. The other pending writ petitions were clubbed together with the said special appeal. The Division Bench of this Court after considering various arguments advanced, issued certain directions. Firstly it directed that the Government is bound to pay all the daily wage employees, whether or not they were petitioners before this Court, the wages at the rates equivalent to minimum pay in the pay scales of the regularly employed workers in the corresponding cadres. Secondly it directed that a high level committee be constituted, comprising representatives of the Finance Department, Forest Department and the Department of Legal Remembrancer to consider framing of a scheme for regularization/absorption of the petitioners and other similarly placed employees and thereafter under the said scheme the claim of the daily wagers would be considered. Paragraph nos.13 to 16 of the report, which are relevant and contains necessary directions, are quoted herein under: 13. In pursuance of the directions issued by this Court pending these cases the Government of U.P. has submitted more than one Scheme for regularisation of the petitioners, but those Schemes hardly contain any hope for their regularisation. It has been stated therein that the petitioners can be considered for regularisation against available vacancies after amending service rules. Available vacancies being few no substantial help can be expected from them. That apart, the Government while framing those Schemes has not applied its mind to the questions dealt with herein above. These are aspects which are to be considered by the Government before framing Schemes for absorption of the petitioners. In the present case the appropriate pleadings are also not there so as to declare the employment of the petitioners as daily wager for considerable long period as "unfair labour practice". We, are, therefore, not expressing and final opinion on this question also.The questions dealt with herein above are to be considered and decided by the Government before framing the Scheme for regularisation/absorption of the petitioners and other similarly placed employees. 14. As regards the second submission advanced by the learned Counsel for the petitioners it may be noted that the writ petition No.15627 of 1988 was filed by an Association known as Kumaun Van Shramik Sangh Centre and a daily wager seeking writ of mandamus directing the respondents therein namely, State of U.P., Secretary, Forest, Lucknow and Additional Chief Conservator of Forest, Kumaun at Nainital to frame the Scheme and to pay the petitioner No.2 and other similarly placed employees the wages at the rates equivalent to minimum pay in the pay scales of the regularly employed workers in the corresponding cadres. The learned Judge while allowing the writ petition did not confine his judgment to the petitioners members only but issued general directions to the respondents therein for payment of wages/salary and for framing the Scheme for regularisation. Relevant extract of the judgment of learned Judge, is reproduced below: ".... but the petitioners have certainly made out a case for issuance of a direction to the respondents to pay to the petitioner no.2 and other similarly circumstance Daily Rated Labourers/Workers under the control of the respondent, the wages at the rates equivalent to the minimum pay in the pay scales of the regularly employed workers in the corresponding cadres but without any increments with effect from 19.8.1988 on which date the writ petition was filed in this Court together with corresponding dearness allowances and additional dearness allowances, if any payable therein, with a further direction to the respondents to frame a scheme within a period of six months from the date of presentation of a certified copy of this order before the Secretary Forest Department, Government of Uttar Padesh and the Chief Conservator of Forest Department, U.P, Lucknow. The submission of the learned Additional Advocate General to the effect that the directions given by this Court in the case of Kumaun Van Shramik Sangh Centre v. State of U.P. (supra), should be confined to the members of that Association, cannot be accepted for another reason, viz. it is not open to the Government to pay different pay scale and give different treatment to the similarly placed employees working in the State unless there is plausible justification for such a treatment. In the instant case no such justification has been demonstrated by the respondents. Therefore, benefits of the said judgment of the learned Judge have to go to all the Daily Wagers/Muster Roll employees. It is admitted by the respondents that the pay at the rate as directed by the learned Judge in the said case, is being paid to those Daily Wagers who are members of Kumaun Van Shramik Sangh Centre and such payment is not being made to any other daily wager working anywhere in the Sate including in Kumaun hills. It is also admitted that the Scheme as directed by the learned Judge has not been framed by the Government so far. The judgment of the learned Judge is binding on the Government and its functionaries. They are, therefore, bound to pay in terms of the said judgment to every daily rated labourers/muster roll employees and the Government is also bound to frame Scheme for regularisation of their services. 15. As we are sending back these cases to the Government for consideration of all the questions it is not necessary to deal with the third point raised by the learned Counsel for the petitioners. 16. For the reasons given above, these writ petitions and the Appeals are partly allowed. The judgments impugned in the Appeals are set-aside. The Government of U.P. is directed to appoint a Committee consisting of Secretaries of Finance and Forest Departments and the Legal Remembrancer or their nominees within a month of production of certified copy of this judgment before the Secretary Forest Department, Uttar Pradesh. The Committee so appointed will consider the question of framing Scheme for regularisation/absorption of the petitioners and other similarly placed employees working in the Forest Department and the Schemes undertaken by the said Department. The Committee will pass speaking order and will submit its report within a period of three months of the date of its constitution by the Government. It will be open to the Association Union of the petitioners to make representation containing all these grievances in this regard before the Committee and if such a representation is made the same shall also be decided by speaking order by the said Committee within the same time specified above. The Government will thereafter pass appropriate order taking into consideration the report of the Committee and material available on the record, within one month of the receipt of the report of the Committee. The whole exercise by the Committee as well as by the Government should be completed within six months from the date of production of certified copy of this judgment before the government. Till then the parties shall maintain status quo.
(3.) AGAINST the aforesaid judgment of the Division Bench, the State of U.P. preferred an appeal before the Apex Court. The Apex Court vide judgment dated 21.2.2002 in the case of State of U.P. vs. Putti Lal (supra) disposed of the special leave petitions and the civil appeals filed by the State of U.P. with the directions as contained in Paragraph No.5 thereof, which in clear terms provided that the daily wagers would be entitled to draw salary at the minimum pay scale being received by their counterpart in the Government, however, they would not be entitled to any other allowances or increments so long they continue on daily wage basis. It further directed that the question of their absorption would be dealt with in accordance to the statutory rules that may be framed by the Government. Paragraph No.6 of the report dealt with certain directions issued with regard to the State of Uttranchal as such is not relevant for the present context. However, for the sake of accuracy Paragraph No.5 of the judgment of the Apex Court is quoted herein under: 5. In several cause this Court applying the principle of equal pay for equal work has held that a daily wager, if he is discharging the similar duties as these in the regular employment of the Government, should at least be entitled to receive the minimum of the pay scale though he might not be entitled to any increment or any other allowances that is permissible to his counter part, in the Government. In our opinion that would be the correct position and was therefore, direct that these daily-wagers would be entitled to draw at the minimum of the pay scale being received by their counter part in the Government and would not be entitled to any other allowances or increment so long as they continue on daily wager. The question of their regular absorption would obviously be dealt with in accordance with the statutory rule already referred to. ;