AJMER VIDYUT VITRAN NIGAM & ORS versus NAVIN KUMAR SAINI ETC.

AJMER VIDYUT VITRAN NIGAM & ORS versus NAVIN KUMAR SAINI ETC.

Workmen were not entitled to scale of pay of Junior Clerk from the date of initial engagement as helpers because there was no evidence that they performed work of Junior Clerk under competent authority. However, as juniors to the respondents were regularized and given the pay scale of Junior Clerk from 1.4.1982, the respondents’ cases should have been considered for regularization and pay scale from the same date.

Parties
Appellant: Ajmer Vidyut Vitran Nigam & Ors.; Respondent: Navin Kumar Saini etc.
Jurisdiction
India
Judgment Date
29 October 2010
Procedural Posture
Civil Appeal / Supreme Court Appeal From Rajasthan High Court (orders Dated 09.07.2007, D.b.civil Special Appeal (writ) No. 623 of 2007 and No. 421 of 2007)
Outcome
Appeals partly allowed
Legal Topics
Regularization of Service, Equal Pay for Equal Work, Service Law, Article 14, Article 16
Labour Law Constitutional Law Regularization of Service Equal Pay for Equal Work Service Law Article 14 Article 16

Case Brief

Summary, issues, holding and outcome

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Parties

Ajmer Vidyut Vitran Nigam & Ors.

Appellant

Navin Kumar Saini etc.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Rajasthan High Court (orders Dated 09.07.2007, D.b.civil Special Appeal (writ) No. 623 of 2007 and No. 421 of 2007)

Legal Issues

  1. 1 Whether work-charge helpers are entitled to regularization and pay scale of Junior Clerks under the principle of equal pay for equal work.
  2. 2 Whether the respondents are entitled to pay scale of Junior Clerk from 1.12.1979 or from 1.4.1982.

Ratio Decidendi

Workmen were not entitled to scale of pay of Junior Clerk from the date of initial engagement as helpers because there was no evidence that they performed work of Junior Clerk under competent authority. However, as juniors to the respondents were regularized and given the pay scale of Junior Clerk from 1.4.1982, the respondents’ cases should have been considered for regularization and pay scale from the same date.

Court Disposition

Appeals partly allowed

Orders

  • Appellants directed to consider the cases of respondents for regularization as Junior Clerks with effect from 1.4.1982; if found fit, to grant them the corresponding pay-scale from that date.
  • No costs awarded.