S. N. Srivastava, J. - (1.) -The above petitions were tagged on by reason of consideration of issue relating to regularisation of daily wage employees belonging to category 3 in various Nagar Nigams/Nagar Palika Parishads and they were heard together for decision by a composite judgment.
(2.) CIVIL Misc. Writ Petition No. 7020 of 2002, has been taken up as leading case in which arguments at prolix length were heard. The counsel in other cases put weight to the arguments and submissions advanced by the learned counsel for the petitioners in the leading case. The petitioners in this petition claim to have been appointed on 30.7.1989 and 3.4.1989 respectively as Electricians-a post in class III category, on daily wage basis in Nagar Palika Parishad, Modinagar. The reliefs claimed are two fold ; firstly that the petitioners be paid their salary in the minimum of the pay scales admissible to a regular class III employee together with other allowances on the principle of 'equal pay for equal work' and secondly, that the services of the petitioners be regularized on the post of Electrician together with regular pay scale and other allowances. In connection with the proposition that they are entitled to regularisation by reason of the fact that they have already put in more than 12 years of service, the learned counsel placed reliance on Government orders dated 8.2.1992 and 7.5.1992 a perusal of which would indicate that the State Government had then taken a policy decision that those daily wage employees who were actually working on 11.10.1989 but had not completed three years of service on 11.10.1989 but actually working on that date would not be thrown out but they would be allowed to continue and their services would be regularized in future vacancies. It is further submitted by the learned counsel that the aforesaid Government order dated 7.5.1992, further postulates that till such daily wage employees are regularized further appointment shall not be made from outside. The learned counsel also referred to subsequent Government order dated 29.8.1998, issued by the State Government which embodied directions that process should be commenced for regularisation of those who had been directly appointed on daily wage basis and who had been working unabatedly upto 9th July, 1998, without any break consistent with the requirements contemplated in the relevant service Rules. In opposition, the learned counsel representing the opposite parties vehemently counteracted by the submissions by stating that the matter of regularisation cannot be considered merely on the ground that the petitioners have completed a long spell in the service and that various imponderables may weigh with the State in the matter of regularisation.
(3.) IT is beyond the pale of con-troversy that the petitioners have been performing their duties in unbroken continuity since the date of their re-spective appointments and they have been allowed to continue due to in-dispensability of the services in the Nagar Palika Parishad, Modinagar. In the facts and circumstances, inference cannot be resisted that the duties be-ing performed by the petitioners are of perennial nature and there is necessity for the works, which the petitioners have been assigned and have been performing since their respective appointments in the Nagar Palika Parishad Modinagar. Before proceeding further, the observation of the Apex Court in Surinder Singh and another v. Engineer-in-Chief C.P.W.D. and others, 1988 (1) AWC 414 (SC) : (1986) 1 SCC 639, may usefully be recalled. In that case it was observed by the Apex Court that "the Central Government, the State Governments and likewise, all public sector undertakings are expected to function like model and enlightened employers and arguments such as those which were advanced before us that the principle of equal pay for equal work is an abstract doctrine which cannot be enforced in a court of law should till come from the mouths of the State and the State undertakings". In Dhirendra Chamoli and another v. State of U. P., (1986) 1 SCC 637, the Apex Court observed as under : "the Central Government to accord to these persons who are employed by the Nehru Yuvak Kendras and who are concededly performing the same duties as Class IV employees, the same salary and conditions of service as are being received by Class IV employees, except regularization which cannot be done since there are no sanctioned posts. But we hope and trust that posts will be sanctioned by the Central Government in the different Nehru Yuvak Kendras so that these persons can be regularized. It is not at all desirable that any management and particularly the Central Government should continue to employ persons on casual basis in organizations which have been in existence for over 12 years." (Emphasis supplied);