- (1.) The appellants are daily wagers in the employment of the Chandra Shekhar Azad University of Agriculture and Technology, represented in these proceedings by the second and third respondents. The appellants had filed a writ petition1 seeking to challenge an order passed by the third respondent declining their claim for the payment of wages at the minimum of the pay scale admissible to regular employees and a writ of mandamus for the payment of the minimum of the pay scale. By the impugned judgment and order of the learned Single Judge dated 15 May 2014, the University has been directed to pay atleast the minimum wages as prescribed by the Government. The appellants are in appeal, seeking a direction for the payment of the minimum of the pay scale as admissible to regular employees of the University.
(2.) Initially, the appellants filed a writ petition (Writ - A No. 29214 of 2013), seeking regularization and pay parity of the minimum wages being paid to the regular employees of the University. The University resisted the petition on the ground that there was no rule for regularization and such a claim could not be made in view of the judgment of the Supreme Court in Secretary, State of Karnataka and others Vs. Uma Devi (3) and others2. The writ petition was disposed of with a direction to the competent authority to consider the grievance in accordance with law and to pass an order thereon. Contempt proceedings3 were initiated, in which on 22 November 2013 an order was passed directing a decision in accordance with the earlier order within two months, failing which, it was stated, that the competent authority would be liable to be summoned and prosecuted after framing charges. An order was passed by the third respondent on 27 January 2014 declining the claim of the appellant. The impugned order records that, in the past, payment at minimum of the pay scale had been allowed to certain daily wage employees based on a judgment of the Allahabad High Court rendered in 2000. However, in view of the subsequent decision of the Supreme Court in Uma Devi , it was held that these daily wage employees who have been appointed illegally could not be given the benefit of the earlier decision. Moreover, it was stated that the State Government has not provided funds to the University for payment at the minimum of the pay scale and that the University was unable to bear the financial burden. This led to the filing of the writ petition in which the learned Single Judge has issued directions on 15 May 2014, directing that the appellants be paid atleast the minimum wages prescribed by the Government to such daily wage employees.
(3.) The sole basis on which the appellants claim payment at the minimum of the pay scale, is an alleged claim of parity with certain other daily wagers who had succeeded in writ proceedings before this Court. As the record before this Court indicates, initially on 24 April 2000, an order was passed by the learned Single Judge in Writ Petition No.7942 of 1994, directing the University to pay the minimum of the pay scale admissible to Class-III and Class-IV daily waged workers. A special appeal4 was dismissed on 10 May 2001. The Supreme Court dismissed the Special Leave Petition on 10 December 2001. Following this, certain orders were passed by the learned Single Judges of this Court directing the University to pay at the minimum of the pay scale admissible to regular employees. The appellants have annexed to these proceedings, an order passed by Rakesh Sharma, J in Santosh Kumar Asthana and others Vs. State of U.P. and another5.;