GHAZIABAD DEVELOPMENT AUTHORITY AND ORS. versus SRI VIKRAM CHAUDHARY AND ORS.

GHAZIABAD DEVELOPMENT AUTHORITY AND ORS. versus SRI VIKRAM CHAUDHARY AND ORS.

Daily wage employees are not entitled to parity in pay with regular employees in the absence of regular posts, but are entitled to minimum wages prescribed under the statute or prevailing wages in the locality. Termination must follow the principle of last come first go; preference in re-employment to be given to displaced employees; and seniority must be maintained.

Parties
Appellant: Ghaziabad Development Authority; Respondent: Sri Vikram Chaudhary
Jurisdiction
India
Judgment Date
14 July 1995
Procedural Posture
Civil Appeal / Disposal After Hearing
Outcome
Appeal disposed of
Legal Topics
Pariy in Pay, Regularisation of Daily Wage Employees, Termination Principles, Minimum Wages

Case Brief

Summary, issues, holding and outcome

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Parties

Ghaziabad Development Authority

Appellant

Sri Vikram Chaudhary

Respondent

Procedural Posture

Civil Appeal / Disposal After Hearing

  1. 1 Whether daily wage employees are entitled to parity in pay with regular employees
  2. 2 Whether services of daily wage employees ought to be regularised
  3. 3 Applicability of last come first go principle on termination

Ratio Decidendi

Daily wage employees are not entitled to parity in pay with regular employees in the absence of regular posts, but are entitled to minimum wages prescribed under the statute or prevailing wages in the locality. Termination must follow the principle of last come first go; preference in re-employment to be given to displaced employees; and seniority must be maintained.

Court Disposition

Appeal disposed of

Orders

  • Delay condoned
  • Leave granted