R.A.Sharma, J. - (1.) THE petitioners have been working for the last several years on daily wages in Mayo Hall Sports Complex, Allahabad, which has been established and is run by Sports directorate Government of U. P. Some of the petitioners are Working as Mali, some as Labourers and the rest as sweepers. Annexure 1 to the writ petition shows that some of the petitioners were appointed in 1976, some in 1977 while others from the year 1978 to 1987 on daily wages basis. Prabhari Adhikari Alladabad had issued certificates in 1987, vide Annexures 2-A to H, certifying that petitioners have been continuously working from the time of their appointment in Mayo Hall Sports complex on daily wages basis. By this writ petition the petitioners pray for writ of mandams directing the respondents to regularies their services in Mayo Mall sports complex, Allahabad and pay them equal wages and allowances at par with regularly appointed employees.
(2.) APART from Mayo Hail sports complex, Allahabad, Sports Directorate U. P. and State of U. P. have been impleaded as respondents to this writ petition, and counter affidavit has been filed on their behalf. In counter affidavit it is not disputed that the petitioners have been continuously working from the time of their appointment. It is, however, alleged that average working of each petitioner in a month comes to about 25-26 days. The defence put up in the counter affidavit is that Government has been approached for sanctioning certain posts for regularising services of petitioners but no decision has been taken so far and in the absence of any sanctioned post regularisation is not permissible. It is now well settled by series of decisions of Honourable Supreme Court that it is unfair on the part of State to . keep an employee on daily wages for indefinite period and such a treatment is violative of equality clause of Articles 14 and 16 of the Constitution of India. Reference may be made to the latest decision of Supreme Court in The Dharwad Distt. PWD Literate Daily Wage Employees Association v. State of Karnataka (1990 Judgment Today, 343), relevant extract of which are quotted below : "We have referred to several precedents-all rendered within the current decade to emphasise upon the feature that equal pay for equal work and providing security for service by regularising causal employment within a reasonable period have been unanimously accepted by this court as a constitutional goal to our socialistic policy. Article 141 of the constitution provides how the decisions of this Court are to be treated and we do not think there is any need to remind the instrumentalities of the State-be it of the Centre or the State, or the public sector that the Constitution-makers wanted them to be bound by what this court said by way of interpreting the law............... The precedents referred to above have, therefore, obliged the State of Karnataka, respondent before us, to regularise the services of the casual employees who are in these cases called daily rated and monthly rated employees and the State of Karnataka is obliged to make them the same payment as regular employees are getting". Some of the petitioners have been working on daily wages for more than ten years and no steps have been taken by respondents for regularising their services. Paucity of funds or absence of sanctioned post cannot be a ground for denying the benefit of regularisation to the petitioners. It is undisputed that respondents are paying wages to the petitioners regularly and if they have funds for paying them for the last several years it is not possible to believe that they are short of funds. When work is of a permanent nature there is no justification for not having regular post. In any case non regularisation of the daily wages for such a long period appears to us to be arbitrary and unfair. Judgments of Honourable Supreme Court are binding on the respondents and they have to devise ways and means to absorb them on permanent basis. In our view atleast those who have put in more then three years service on daily wages basis are entitled to be absorbed and their services are liable to be regularised.
(3.) THE writ petition is accordingly allowed. We direct the respondents to prepare a scheme on reasonable basis within a period of three months from the date of receipt of certified copy of this judgment, for regularisation and absorption on permanent basis of those daily wages who have been continuosly working for more than three years. For those who have not yet completed three years, regularisation proceedings shall be initiated after three years service is completed. Those employees after absorption will be paid equal pay and allowances at par with regularly appointed empleyees of the respondents. In view of facts and circumstances of the case there will be no order as to costs. Petition allowed.;