ition No 373 of 1986
Under Article 32 of the Constitution of India
AK Goel EX Joseph and NS Das Bahl for the petitioners
VC Mahajan Girish Chandra Mrs Sushma Suri and Miss A Subhashini for the Respondents
The Judgment of the Court was delivered by VENKATARAMIAH J
These petitions are filed on behalf of persons who are working as Daily Rated Casual Labour  in the Posts and Telegraphs Department
The Daily Rated Casual Labour  includes three broad categories of workers namely unskilled semiskilled and skilled
The unskilled labour consists of safai workers helpers peons etc
and are mostly engaged in digging carrying loads and other similar types of work
The semi skilled labour consists of carpenters wiremen draftsmen AC mechanics etc
who have technical experience but do not hold any degree or diploma
The skilled labour consists of labour doing technical work who hold requisite degreesdiplomas
The principal complaint of the petitioners is that even though 602 many of them have been working for the last ten years as casual A labourers the wages paid to them are very low and far less than the salary and allowances paid to the regular employees of the Posts and Telegraphs Department belonging to each of the categories referred to above and secondly no scheme has been prepared by the Union of India to absorb them regularly in its service and consequently they have been denied the benefits such as increments pension leave facilities etc
which are enjoyed by those who have been recruited regularly
They allege that they are being exploited by the Union of India
They have produced the order of the Director General Posts and Telegraphs Department bearing No 28 II77 SRSTN dated 1551980 which prescribes the rate or rates of wages payable to the casual labour in the Telecommunication Wing of the Department
The relevant part of the order reads thus No 28 II77 SRSTN Office of the Director General Posts and Telegraphs New Delhi 1 1551980 To     
Subject Increase in rate of daily wages for the casual labour employed in the Telecom
Wing of P  T The employment of casual labour in the Telecom
Wing who are working for a reasonably long period on continuous basis was one of the items under discussion in the P  T Department council JCM
The potential of absorption of the large force of casual mazdoor in regular grade was limited on the Telecommunication side
As an alternative to regular absorption it was proposed that a wage related to the minimum of the pay scale of Time Scale Group D cadre with the benefit of neutralisation for the rise in cost Index as applicable to regular employees may be effected
603 2
The President is now pleased to decide that the A rates of daily wages for the casual labour employed in the Telecom
Wing of P  T will be as follows i Casual labour who has not completed 720 days of service in a period of three years at the rate of 240 days per annum with the Department as on 1480
_________________________________________________ No change
They will continue to be paid at the approved local rates
ii Casual labour who having been working with the Department from 1477 or earlier and have completed 720 days of service as on 1480
__________________________________________________ Daily wages equal to 75 of 130th of the minimum of Group time Scale plus admissible DA _________________________________________________ iii Casual labour who has been working in the Department from 141975 or earlier and has completed 1200 days of service as on 141980
_________________________________________________ Daily wages equal to 130th of the minimum of the Group Time Scale plus 130th of the admissible DA iv All the casual labourers will however continue to be employed on daily wages only
v These orders for enhanced rates for category ii  iii above will take effect from 1580
vi A review will be carried out every year as on the Ist of April for making officials eligible for wages indicated in paras ii and iii above
vii The above arrangement of enhanced rates of daily wages will be without prejudice to absorption of causal mazdoors against regular vacancies as and they occur          604 sd MS Yegneshwaran Asst
Director General Stn The above order is followed by the another order bearing No 10 483 R dated 2671984 which reads as under To All General Managers Telecom
Subject Increase in rates of daily wages for the casual semi skilledskilled labour
Sir The employment of the casual semi skilledskilled labour in the Telecom
Wing who are working for a reasonably long period on continuous basis has been engaging the attention of this Directorate for quite sometime past
The potential of absorption of labour of the type in regular grade was limited on the Telecommunication side
As an alternative to regular absorption the need was being felt that wage related to the minimum of the pay scale of semi skilled skilled casual labour with the benefit of neutralisation for the rise in cost index as applicable to regular employees may be effected as is at present available to casual un skilled labour working under the P  T Department
The President is now pleased to decide that the rates of daily wages for the semi skilledskilled casual labour employed in the Telecom
Wing of the P  T Department will be as under i Casual semi skilledskilled labour who has not completed 720 days of service over a period of three years or more with the department
_________________________________________________ No change
They will continue to be paid at the approved local rates
ii Casual semi skilledskilled labour who has completed 605 720 days of service over a period of three years or more
_________________________________________________ Daily wage equal to 75 of 130th of the minimum of the scale of semi skilled Rs 210 270 or skilled Rs260 350 as the case may be plus admissible DAADA thereon
iii Casual Labour who has completed 1200 days of service over a period of 5 years or more
__________________________________________________ Daily wage equal to 130th of the minimum of the pay scale of semi skilled Rs210 270 skilled Rs260 350 as the case may be plus DAADA admissible thereon
iv All the casual semi skilledskilled labour will however continue to be employed on daily wages only
v These orders for enhanced rates for category ii and iii above will take effect from 141984
vi A review for making further officials eligible for wages vide ii and iii above will take effect as on Ist of April every year
vii If the rates calculated vide ii and iii above happen to be less than the approved local rates payment shall be made as per approved local rates for above categories of labour
viii The above arrangements of enhanced rates of daily wages will be without prejudice to absorption of casual semi skilledskilled labour against regular vacancies as and when they occur
ix The benefit of increased rates of daily wages will not be admissible to the casual semi skilledskilled labour in whose case the continuous spells of duty are intervened by a period of more than six months
The absence of more than six months may however be condoned by the Divisional Engineer on one of the two grounds namely prolonged illness on production of medical certificates or nonemployment due to non availability of work
In the case of 606 absence beyond six months at a time on account of illness for the past years the production of medical certificate may not be insisted upon and the period of break may be condoned if the Divisional Engineer is satisfied about the genuineness of the absence 4
These enhanced rates of daily wages are applicable to the semi skilledskilled casual labour who strictly conform to the job content of corresponding regular posts in scales of Rs210 270 and Rs260 350 as the case may be and that there should not be any variation in the respective job con tent
In case of slight variationdoubt cases may be referred to the 
P  T for review 
Yours faithfully V Ramaswamy Assistant Director General Stn  Aggrieved by the discrimination made against them by these orders which very heavily weighed against them the petitioners submitted a statement of demands through the Secretary General BPTEF New Delhi of which they were members claiming regularisation of casual labourers payment of interim relief payment of bonus supply of dresses leave and medical facilities etc
They received a reply from the Department on January 10 1986 which read as under  Sub Demands of casual labour daily rated workers
Ref Your letter No PFCasual Labour86 dated 13
12 1985
Please refer to your above cited letter
The position regarding the various demands in your above cited letter is as below i Regularisation of Casual Labour
This is being done as per existing instructions of department of Personnel  Training as against the vacancies as and when they arise
607 ii Payment of interim relief
Revision of wages is done once in a year for casual labourers of category 1 those who have not completed 720120O days in 35 years in the month of April taking into account the prevailing local rates in consultation with the local authorities
However in respect of categories ii and iii ie for those who have completed 7201200 days in 35 years the revision is done as and when DAADA
Interim Reliefs are being granted to regular staff at the rate of 34th full of the minimum of the scale of regular class IV employees    vii Regularisation of skilledsemiskilled unskilled labour in similar grade Provision has been made in the recruitment rules whereever possible to give preference in recruitment for corresponding semi skilledskilled workers
Regarding unskilled labour they will be taken as Group staff as and when vacancies arise on their becoming eligible for absorption as per instruction of DGP  T section KRISHAN DIRECTOR ST 1011986
 The petitioners were not satisfied with the above reply received by them
They therefore filed the above petitions and the first of them bearing Writ Petition No 302 of 1986 was filed on 521986 for the issue of a writ in the nature of mandamus to the Union of India to direct it to pay to the petitioners same salary and allowances and other benefits as are being paid to the regular and permanent employees of the Union of India in the corresponding cadres and to direct the Union of India to regularise the service of the casual labour who had been in continuous service for more than six months
The allegation made in the petitions to the effect that the petitioners are being paid wages far less than the minimum pay payable under the pay scales applicable to the regular employees belonging to corresponding cadres is more or less admitted by the respondents
The respondents however contend that since the petitioners belong to the category of casual labour and are not being regularly employed they 608 are not entitled to the same privileges which the regular employees are enjoying
It may be true that the petitioners have not been regularly recruited but many of them have been working continuously for more than a year in the Department and some of them have been engaged as casual labourers for nearly ten years
They are rendering the same kind of service which is being rendered by the regular employees doing the same type of work
Clause 2 of Article 38 of the Constitution of India which contains one of the Directive Principles of State Policy provides that the State shall in particular strive to minimise the inequalities in income and endeavour to eliminate inequalities in status facilities and opportunities not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vacations Even though the above Directive Principle may not be enforceable as such by virtue of Article 37 of the Constitution of India it may be relied upon by the petitioners to show that in the instant case they have been subjected to hostile discrimination
It is urged that the State cannot deny at least the minimum pay in the pay scales of regularly employed workmen even though the Government may not be compelled to extend all the benefits enjoyed by regularly recruited employees
We are of the view that such denial amounts to exploitation of labour
The Government cannot take advantage of its dominant position and compel any worker to work even as a casual labourer on starving wages
It may be that the casual labourer has agreed to work on such low wages
That he has done because he has no other choice
It is poverty that has driven him to that State
The Government should be a model employer
We are of the view that on the facts and in the circumstances of this case the classification of employees into regularly recruited employees and casual employees for the purpose of paying less than the minimum pay payable to employees in the corresponding regular cadres particularly in the lowest rungs of the department where the pay scales are the lowest is not tenable
The further classification of casual labourers into three categories namely i those who have not completed 720 days of service ii those who have completed 720 days of service and not completed 1200 days of service and iii those who have completed more than 1200 days of service for purpose of payment of different rates of wages is equally untenable
There is clearly no justification for doing so
Such a classification is violative of Articles 14 and 16 of the Constitution
It is also opposed to the spirit of Article 7 of the International Covenant on Economic Social and Cultural Rights 1966 which exhorts all States parties to ensure fair wages and equal wages for equal work
We feel that there is substance in the contention of the petitioners 609 In Dhirendra Chamoli and Another vs State of UP this Court has taken almost a similar view with regard to the employees working in the Nehru Yuvak Kendras who were considered to be performing the same duties as Class IV employees
We accordingly direct the Union of India and the other respondents to pay wages to the workmen who are employed as casual labourers belonging to the several categories of employees referred to above in the Postal and Telegraphs Department at the rates equivalent to the minimum pay in the pay scales of the regularly employed workers in the corresponding cadres but without any increments with effect from 5th of February 1986 on which date the first of the above two petitions namely Writ Petition No 302 of 1986 was filed
The petitioners are entitled to corresponding Dearness Allowance and Addl
Dearness Allowance if any payable thereon
Whatever other benefits which are now being enjoyed by the casual labourers shall continue to be extended to them
India is a socialist republic
It implies the existence of certain important obligations which the State has to discharge
The right to work the right to free choice of employment the right to just and favourable conditions of work the right to protection against unemployment the right of every one who works to just and favourable remuneration ensuring a decent living for himself and for family the right of every one without discrimination of any kind to equal pay for equal work the right to rest leisure reasonable limitation on working hours and periodic holidays with pay the right to form trade unions
and the right to join trade unions of one s choice and the right to security of work are some of the rights which have to be ensured by appropriate legislative and executive measures
It is true that all these rights cannot be extended simultaneously
But they do indicate the socialist goal
The degree of achievement in this direction depends upon the economic resources willingness of the people to produce and more than all the existence of industrial peace throughout the country
Of those rights the question of security of work is of utmost importance
If a person does not have the feeling that he belongs to an organization engaged in production he will not put forward his best effort to produce more
That sense of belonging arises only when he feels that he will not be turned out of employment the next day at the whim of the management
It is for this reason it is being repeatedly observed by those who are in charge of economic affairs of the countries in different parts of the world that as far as possible security of work should be assured to the employees so that they may contribute to the maximisation of production
It is again for this reason that managements and the Government agencies in particular should not allow 610 workers to remain as casual labourers or temporary employees for an unreasonably long period of time where is any justification to keep persons as casual labourers for years as is being done in the Postal and Telegraphs Department Is it for paying them lower wages Then it amounts to exploitation of labour
Is it because you do not know that there is enough work for the workers It cannot be so because there is so much of development to be carried out in the communications department that you need more workers
The employees belonging to skilled semi skilled and unskilled classes can be shifted from one department to another even if there is no work to be done in a given place
Administrators should realise that if any worker remains idle on any day the country loses the wealth that he would have produced during that day
Our wage structure is such that a worker is always paid less than what he produces
So why allow people to remain idle Anyway they have got to be fed and clothed
Therefore why don t we provide them with work There are several types of work such as road making railway construction house building irrigation projects communications etc
which have to be undertaken on a large scale
Development in these types of activities even though they do not involve much foreign exchange is not keeping pace with the needs of society
We are saying all this only to make the people understand the need for better management of man power which is a decaying asset the non utilisation of which leads to the inevitable loss of valuable human resources
Let us remember the slogan Produce or Perish
It is not an empty slogan
We fail to produce more at our own peril
It is against this background that we say that non regularisation of temporary employees or casual labour for a long period is not a wise policy
We therefore direct the respondents to prepare a scheme on a rational basis for absorbing as far as possible the casual labourers who have been continuously working for more than one year in the Posts and Telegraphs Department
The arrears of wages payable to the casual labourers in accordance with this order shall be paid within four months from today
The respondents shall prepare a scheme for absorbing the casual labourers as directed above within eight months from today
These petitioners are accordingly disposed of
NPV Petitions disposed of


Summary:
 Under an agreement with the respondent landlord the appellant had been appointed to do worshipping in a temple as pujari to look after the management of two dharamshalas and to cultivate three agricultural lands and for all these services he had been allowed to take crop share the whole crop from the lands cultivated by him instead of his being paid any wages in cash
The respondent filed a suit for possession of the agricultural lands
The appellant s defence was that he was a deemed tenant as understood under section 6 of the Bombay Tenancy and Agricultural Lands Vidarbha Region Act 1958 and was in lawful cultivation of the lands
The Naib Tahsildar who decided the suit passed an order holding the appellant to be a tenant
The Sub Divisional officer in appeal by the respondent set aside the order of the Naib Tahsildar and remanded the matter
Against the order of the Sub Divisional officer the appellant appealed in revision to the Maharashtra Revenue Tribunal
The Revenue Tribunal set aside the order of the Sub Divisional officer and restored that of the Naib Tahsildar
The respondent moved the High Court
The High Court decided that the appellant was not entitled to claim the rights of a deemed tenant and quashed the orders of the authorities below holding the contrary view
The appellant appealed to this Court by Special Leave against the order of the High Court
Allowing the appeal the Court  HELD The appellant was lawfully cultivating the lands having been permitted to do so by the landlord
He was not a member of the landlord s family nor was he his hired labourer
The landlord did not belong to any of the classes specified in Sub Section 2 of section 41
The appellant was rendering service as pujari and the service of looking after the dharamshalas and for these services he had been given the right to cultivate the lands and appropriate the crop share the entire 673 crop instead of being paid any wages in cash
The appellant was not hit by the provisions of clause b of Sub section 1 of section 6 of the Act and he must be held to be a deemed tenant under the provisions of section 6
676G H677B C Dahya Lal and others vs Rasul Mohammad Abdul Rahim  at 6 7 referred to