SATYANARAYAN SHARMA AND ORS. versus NATIONAL MINERAL DEVELOPMENT CORPORATION LTD. AND ORS.

SATYANARAYAN SHARMA AND ORS. versus NATIONAL MINERAL DEVELOPMENT CORPORATION LTD. AND ORS.

Regularisation and equal pay for equal work do not arise when daily-rated workmen are surplus and there are no vacancies or work available; only if the daily-rated workmen do same work and vacancy exists is regularisation and equal pay applicable.

Parties
Petitioners: Satyanarayan Sharma and Others; Respondents: National Mineral Development Corporation Ltd. and Others
Jurisdiction
India
Judgment Date
06 August 1990
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appeal From Madhya Pradesh High Court Judgment
Outcome
Dismissed
Legal Topics
Regularisation of Daily Rated Workmen, Equal Pay for Equal Work, Voluntary Retirement Scheme
Labour and Services Regularisation of Daily Rated Workmen Equal Pay for Equal Work Voluntary Retirement Scheme

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Parties

Satyanarayan Sharma and Others

Petitioners

National Mineral Development Corporation Ltd. and Others

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appeal From Madhya Pradesh High Court Judgment

Legal Issues

  1. 1 Whether daily-rated workmen are entitled to regularisation and equal pay for equal work when there are no vacancies or work available
  2. 2 Applicability of voluntary retirement scheme to surplus daily-rated workmen

Ratio Decidendi

Regularisation and equal pay for equal work do not arise when daily-rated workmen are surplus and there are no vacancies or work available; only if the daily-rated workmen do same work and vacancy exists is regularisation and equal pay applicable.

Court Disposition

Dismissed

Orders

  • All 63 daily-rated workmen, including 54 petitioners, are to be given benefit of the Voluntary Retirement Scheme framed by respondent No. 2 and paid specified amounts in addition to all other dues.
  • Special leave petition dismissed.