BHAGWATI PRASAD AND ORS. versus DELHI STATE MINERAL DEVELOPMENT CORPORATION

BHAGWATI PRASAD AND ORS. versus DELHI STATE MINERAL DEVELOPMENT CORPORATION

Daily rated workers appointed between 1983 and 1986, having worked for three years (excluding artificial breaks), performing similar duties as regular employees, are entitled to equal pay for equal work, regularisation, and appropriate service benefits, irrespective of not possessing initial minimum educational qualifications. Denial based on qualifications after long service is harsh and unsustainable.

Parties
Petitioners: Bhagwati Prasad and Ors.; Respondent: Delhi State Mineral Development Corporation
Jurisdiction
India
Judgment Date
15 December 1989
Procedural Posture
Writ Petition Under Article 32 of Constitution of India / Final Disposition by Supreme Court
Outcome
Writ petitions allowed.
Legal Topics
Equal Pay for Equal Work, Regularisation of Service, Unfair Labour Practice, Confirmation of Employment, Minimum Qualifications for Service
Constitutional Law Labour Law Civil Services Equal Pay for Equal Work Regularisation of Service Unfair Labour Practice Confirmation of Employment Minimum Qualifications for Service

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Parties

Bhagwati Prasad and Ors.

Petitioners

Delhi State Mineral Development Corporation

Respondent

Procedural Posture

Writ Petition Under Article 32 of Constitution of India / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether daily rated workers performing similar duties are entitled to equal pay as regular employees under Articles 39(d), 14 and 16 of the Constitution
  2. 2 Whether daily rated workers are entitled to regularisation and promotion notwithstanding absence of minimum prescribed educational qualifications

Ratio Decidendi

Daily rated workers appointed between 1983 and 1986, having worked for three years (excluding artificial breaks), performing similar duties as regular employees, are entitled to equal pay for equal work, regularisation, and appropriate service benefits, irrespective of not possessing initial minimum educational qualifications. Denial based on qualifications after long service is harsh and unsustainable.

Court Disposition

Writ petitions allowed.

Orders

  • 40 senior-most petitioners to be regularised with immediate effect.
  • Remaining 118 petitioners to be regularised in a phased manner before April 1, 1991 and promoted according to standing orders.