U.P. INCOME-TAX DEPARTMENT CONTINGENT PAID STAFF WELFARE ASSOCIATION versus UNION OF INDIA & ORS.

U.P. INCOME-TAX DEPARTMENT CONTINGENT PAID STAFF WELFARE ASSOCIATION versus UNION OF INDIA & ORS.

The Court applied the principles laid down in Bhartiya Dak Tar Mazdoor Manch v. Union of India & Ors., holding that contingent paid staff performing work of Class IV employees should receive pay equivalent to the minimum pay scale of regular employees, with corresponding Dearness Allowance and other benefits, and that a rational absorption scheme be prepared for those employed continuously for more than one year.

Parties
Petitioner: U.P. Income-tax Department Contingent Paid Staff Welfare Association; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
04 December 1987
Procedural Posture
Writ Petition (civil) No. 1670 of 1986 Under Article 32 of the Constitution of India / Final Disposition by Supreme Court
Outcome
Petition allowed
Legal Topics
Regularisation of Service, Equal Pay for Equal Work, Absorption of Contingent Staff, Article 32
Labour Law Constitutional Law Regularisation of Service Equal Pay for Equal Work Absorption of Contingent Staff Article 32

Case Brief

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Parties

U.P. Income-tax Department Contingent Paid Staff Welfare Association

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 1670 of 1986 Under Article 32 of the Constitution of India / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether contingent paid staff of the Income-tax Department are entitled to regularisation and absorption as Class IV employees.
  2. 2 Whether such staff are entitled to pay and benefits at par with regular Class IV employees.

Ratio Decidendi

The Court applied the principles laid down in Bhartiya Dak Tar Mazdoor Manch v. Union of India & Ors., holding that contingent paid staff performing work of Class IV employees should receive pay equivalent to the minimum pay scale of regular employees, with corresponding Dearness Allowance and other benefits, and that a rational absorption scheme be prepared for those employed continuously for more than one year.

Court Disposition

Petition allowed

Orders

  • Respondents directed to pay contingent paid staff of the Income-tax Department throughout India, performing Class IV work, wages equivalent to minimum pay in the pay scale of corresponding regular employees, without increments, from December 1, 1986.
  • Such workmen also entitled to corresponding Dearness Allowance and Additional Dearness Allowance.