THE DHARWAD DISTT. P.W.D. LITERATE DAILY WAGES EMPLOYEES ASSOCIATION & ORS. ETC. versus STATE OF KARNATAKA & ORS. ETC.

THE DHARWAD DISTT. P.W.D. LITERATE DAILY WAGES EMPLOYEES ASSOCIATION & ORS. ETC. versus STATE OF KARNATAKA & ORS. ETC.

The principle of equal pay for equal work and providing security of service by regularising casual employment have been unanimously accepted by the Court as constitutional goals. The Court directed the State of Karnataka to treat casual/daily rated employees appointed on or before 1.7.1984 as monthly rated establishment employees at fixed pay, and to regularise employees who completed ten years of service in a phased manner, balancing state resources and human demands.

Parties
Petitioner: The Dharwad District P.W.D. Literate Daily Wages Employees Association & Ors. etc.; Respondent: State of Karnataka & Ors. etc.
Jurisdiction
India
Judgment Date
23 February 1990
Procedural Posture
Writ Petition and Special Leave Petition / Final Judgment After Hearing Parties and Considering Draft Schemes
Outcome
Petitions allowed.
Legal Topics
Equal Pay for Equal Work, Regularisation of Employment, Directive Principles of State Policy, Employment Rights of Daily/monthly Rated Workers
Labour Law Constitutional Law Equal Pay for Equal Work Regularisation of Employment Directive Principles of State Policy Employment Rights of Daily/monthly Rated Workers

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Parties

The Dharwad District P.W.D. Literate Daily Wages Employees Association & Ors. etc.

Petitioner

State of Karnataka & Ors. etc.

Respondent

Procedural Posture

Writ Petition and Special Leave Petition / Final Judgment After Hearing Parties and Considering Draft Schemes

Legal Issues

  1. 1 Whether daily and monthly rated employees should be regularised as government servants.
  2. 2 Whether such employees are entitled to equal pay for equal work.
  3. 3 What are the constitutional obligations regarding pay and regularisation.

Ratio Decidendi

The principle of equal pay for equal work and providing security of service by regularising casual employment have been unanimously accepted by the Court as constitutional goals. The Court directed the State of Karnataka to treat casual/daily rated employees appointed on or before 1.7.1984 as monthly rated establishment employees at fixed pay, and to regularise employees who completed ten years of service in a phased manner, balancing state resources and human demands.

Court Disposition

Petitions allowed.

Orders

  • Casual/daily rated employees appointed on or before 1.7.1984 to be treated as monthly rated establishment employees at fixed pay of Rs. 780 per month without allowances from 1.1.1990, with annual increment of Rs. 15 until regularisation.
  • Regularisation of 18,600 employees who have completed ten years of service by 31.12.1989 with effect from 1.1.1990 on the basis of seniority-cum-suitability.