DAILY RATED CASUAL LABOUR EMPLOYED UNDER P & T DEPARTMENT THROUGH BHARTIYA DAK TAR MAZDOOR MANCH versus UNION OF INDIA & OTHERS

DAILY RATED CASUAL LABOUR EMPLOYED UNDER P & T DEPARTMENT THROUGH BHARTIYA DAK TAR MAZDOOR MANCH versus UNION OF INDIA & OTHERS

Classification of employees for payment of less than minimum pay and further classification of casual employees based on days of service is unconstitutional, violative of Articles 14 and 16, and contrary to Article 7 of the International Covenant on Economic, Social and Cultural Rights. Casual labourers must be paid at least the minimum pay in the pay scales of regular workers in corresponding cadres, and steps must be taken for their regularisation.

Parties
Petitioner: Daily Rated Casual Labour Employed under P & T Department through Bhartiya Oak Tar Mazdoor Manch; Respondent: Union of India
Jurisdiction
India
Judgment Date
27 October 1987
Procedural Posture
Writ Petition / Original Jurisdiction; Decision
Outcome
Petitions disposed of; directions issued
Legal Topics
Equality Before Law, Equal Pay for Equal Work, Regularisation of Casual Labour, Classification of Employees, Labour Exploitation, Directive Principles, Discrimination
Constitutional Law Labour Law Administrative Law Equality Before Law Equal Pay for Equal Work Regularisation of Casual Labour Classification of Employees Labour Exploitation +2 more

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Parties

Daily Rated Casual Labour Employed under P & T Department through Bhartiya Oak Tar Mazdoor Manch

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction; Decision

Legal Issues

  1. 1 Whether classification of casual and regularly recruited employees for payment of different wages is constitutional
  2. 2 Whether further classification of casual labourers based on length of service for payment of different rates is tenable
  3. 3 Whether denial of minimum pay amounts to exploitation of labour

Ratio Decidendi

Classification of employees for payment of less than minimum pay and further classification of casual employees based on days of service is unconstitutional, violative of Articles 14 and 16, and contrary to Article 7 of the International Covenant on Economic, Social and Cultural Rights. Casual labourers must be paid at least the minimum pay in the pay scales of regular workers in corresponding cadres, and steps must be taken for their regularisation.

Court Disposition

Petitions disposed of; directions issued

Orders

  • Respondents directed to pay wages to casual labourers at rates equivalent to minimum pay in the pay scales of regularly employed workers in corresponding cadres without increments, effective from 5th February, 1986, with corresponding Dearness Allowance and Addl. Dearness Allowances, and continuation of other...
  • Arrears of wages payable to casual labourers to be paid within four months.