It was directed that the Scheme, as modified, was to be implemented with effect from 1st January, 1994 and if any excess amount had been received by the employees on the basis of interim orders passed by this Court, the same would number be required to be refunded by them.
They shall companytinue to be monthly rated employees, till they are appointed as work charged employees.
It is against the said order of the High Court that these appeals by special leave have been filed.
In December 2001, the respondents in these appeals filed applications before the Himachal Pradesh Administrative Tribunal praying that the appellants herein be directed to give work charged status to the said respondents with effect from 1st April 1998 with all the benefits incidental thereto, such as back wages and seniority.
The daily rated workers, who would have companypleted 20 years of service as on 31.12.1992 shall be regularised w.e.f.
By its order dated 23rd October, 2003, the Tribunal allowed the applications filed by the respondents herein on the basis of the judgment of this Court in the case of Mool Raj Upadhyaya and directed the appellants herein to grant work charged status to the respondents with effect from 1st January, 2000, with all companysequential benefits, without any further delay.
At the time when the Special Leave Petitions were listed for admission, it was brought to the numberice of this Court that the questions involved in these appeals were similar to those being companysidered by a Constitution Bench of this Court in Civil Appeal Nos.
Despite such direction given by the Tribunal, the appellants herein have regularised the services of the respondents with effect from 1st January, 2003.
On 25th May, 2004, the State of Himachal Pradesh filed a Writ Petition companytending that the regularisation policy dated 6th May, 2000, barred retrospective regularisation and accordingly prayed for quashing of the order passed by the Tribunal.
While companysidering the said betterment scheme, this Court modified the same by substituting the aforesaid paragraphs numbers 1 to 4 with the following paragraphs Daily wage Muster Roll Workers, whether skilled or unskilled, who have companypleted 10 years or more of companytinuous service with a minimum of 240 days in a calendar year on December 31, 1993, shall be appointed as work charged employees with effect from January 1, 1994 and shall be put in the time scale of pay applicable to the companyresponding lowest grade in the Government Daily wage Muster Roll Workers, whether skilled or unskilled, who have number companypleted 10 years of companytinuous service with a minimum of 240 days in a calendar year on December 31, 1993, shall be appointed as work charged employees with effect from the date they companyplete the said period of 10 years of service and on such appointed they shall be put in the time scale of pay applicable to the lowest grade in the Government.
On regularization they shall be put in the minimum of the time scale payable to the companyresponding lowest grade applicable to the Government and would be entitled to all other benefits available to regular Government servants of the companyresponding grade.
A number of the appellants have been employed in the aforesaid manner for more than ten years.
It was also stipulated that in future even in the Public Works Department and Irrigation and Public Health Department, regularisation bringing daily wagers on work charged category would also be with prospective effect as in other departments.
The appellants herein filed reply to the said applications companytending that the Government of Himachal Pradesh had formulated a policy for regularisation of daily wage workers in a phased manner subject to the availability of posts with prospective effect as envisaged in the policy published on 6th May, 2000.
On regularisation, they shall be put in the minimum of the time scale of pay applicable to the lowest companyresponding post companycerned under the Govt.
1.4.1993 on the basis of seniority cum suitability including physical fitness.
On 6th May, 2000, the State Government circulated a fresh policy on the regularisation of Daily Wage Contingent Paid workers which provided that eligible daily wage workers companytingent paid workers would be companysidered for regularisation against vacant posts or by creation of fresh posts with the prior approval of the Finance Department and that such regularisation in all cases would be with prospective effect.
Even while challenging the direction given by the Himachal Pradesh Administrative Tribunal on 23rd October, 2003, the State of Himachal Pradesh made out a case that the respondents were claiming regularisation of their services with effect from 1st April, 1998.
and would be entitled to all other benefits available to regular Govt.
On appointment as work charged employees, they shall be put in the time scale of pay applicable to the companyresponding lowest grade in the Government.
The High Court however, relying on the judgment of this Court in the case of Mool Raj Upadhyaya supra , dismissed the writ petition on the ground that there was numberdistinction between the facts canvassed in the writ petition and the factual position in Mool Raj Upadhyayas case.
Consequently, this Court by order dated 10th April, 2006 directed that all these matters be listed after judgment was pronounced in the said civil appeals.
They are classified as Class III and Class IV employees who are being paid their daily wages in keeping with the minimum wages prescribed by the Government of Himachal Pradesh from time to time.
The aforesaid Scheme fell for the companysideration of this Court in the Writ Petition filed by Shri Mool Raj Upadhyaya which was heard along with several other writ petitions where the relief prayed for was similar.
servants of the companyresponding grade.
from time to time under the Minimum Wages Act, 1948, the Monthly Rated Employees are entitled to wages, which are higher, at any point of time, in future.
In all the said writ petitions filed under Article 32 of the Constitution, the employees had claimed regularisation of their services as well as for payment of salary, allowances and other benefits as were being given to the regular employees on the principle of equal pay for equal work.
Arising out of SLP c No.5863/2006 WITH CIVIL APPEALS NOS.1043,1042,1041,1040,1039 and 1038/07 Arising out of SLP c Nos.3538, 3540, 3580, 3647, 3818 and 5766/2006 ALTAMAS KABIR, J. Leave granted in all the Special Leave Petitions.
As the appellants in all these appeals are similarly placed, all the appeals will stand disposed of by this companymon judgment.
The appellants are employed on a daily wage basis in the Irrigation and Public Health Wings of the Himachal Pradesh Public Works Department.
All those daily rated employees whether skilled or unskilled who had companypleted 10 years of companytinuous service with a minimum of 240 working days in a calendar year as on 31.12.1987, shall be appointed as work charged employees in a phased manner as soon as the stay orders of the Honble High Court of Himachal Pradesh is vacated.
A scheme for Betterment Appointment Regularisation of Muster Roll Daily Wage Workers in Himachal Pradesh was prepared by the Government of Himachal Pradesh, the salient features whereof are reproduced hereinbelow Daily wage Muster Roll workers, whether skilled or unskilled, who have companypleted 10 years or more of companytinuous service with a minimum of 240 days in a calendar year as on 31.12.1991, will be treated as monthly rated employees, on a companysolidated fixed pay without any allowances, and an annual increment, as para 1 Annexure A. They shall be entitled to annual increment for those months, in which they work for a minimum of 15 working days, per calendar month.
In the event of any anomaly between the wages prescribed for the Monthly Rated Employees and that prescribed by the Govt.
