Jodhpur Vidyut Vitran Nigam Ltd. And Anr vs Nanu Ram & Ors

Respondents 1 to 20 were engaged for temporary construction work in different divisions on muster roll around 21.4.1980 and on subsequent dates on daily wage basis. They completed two years of service after 31.3.1982. They claimed regularisation on completion of two years of service in terms of an Arbitration Award (Part I) dated 31.5.1978. Under para 15 of the said Award, it was stipulated that fixation in the regular pay scale for employees recruited on or after 1.4.1978 shall be regularised by the recruitment policy to be detailed in the Award to follow. On 15.6.1979 the second Award was accordingly published under which it was inter alia stipulated that workmen (work-charged) engaged between 1.4.1979 and 30.6.1979 have to be screened and if found satisfactory be classified as temporary work-charged and thereafter on rendering of satisfactory service for two years can be regularised in accordance with Award dated 31.5.1978 from 1.4.1981 and so on.

Relying on the two Awards, referred to above, on completion of two years the respondents herein claimed permanence. At this stage, it may be noted that, in terms of the above two Awards the State Government constituted Screening Committees from time to time. On 26.9.1983 the duly constituted Screening Committee was required to consider regularisation of casual and daily rated workmen, who had completed two years service prior to 31.3.1982. It needs to be reiterated that the respondents herein did not come in this categorization as they had not completed two years service on 31.3.1982. As stated above, they completed their services only after 31.3.1982. Be that as it may, the respondents herein claimed regularisation in terms of the above two Awards on completion of two years service from the date of their appointment, which as stated hereinabove, was after 31.3.1982. The above two Awards stood terminated w.e.f. 29.6.1985. The matter had a chequered history. Suffice it to state, that the respondents herein have been regularised on the basis of the recommendations of the Screening Committee w.e.f. 1.4.1989. The respondents seek regularisation from the prior date i.e. on and from 1.4.1982. On 6.9.1999 the State Government referred the dispute to the Industrial Tribunal. In the statement of claim respondents herein submitted that though they have been regularised w.e.f. 1.4.1989, like some of the other workmen they were also entitled to get regularisation w.e.f. 1.4.1982; that though they were entitled for this benefit from 1.4.1982, they have been regularising only w.e.f. 1.4.1989 without any reason and justification; that workmen junior to them have been given this benefit w.e.f. 1.4.1982 and, in the circumstances, respondents herein prayed that all of them be granted permanent pay scale w.e.f. 1.4.1982 with interest at the rate of 18%.

Accordingly, the civil appeal stands allowed to the aforesaid extent with no order as to costs.

Civil Appeal No. 1042 of 2006:

We do not find any merit in this argument. The grant of regular pay scales was directly linked to the question of regularisation. In the circumstances, the judgment delivered by us in Civil Appeal No. 254/04 (supra) would apply to the facts of the present case also.

Accordingly, we set aside the impugned judgment dated 1.5.2003 delivered by the Division Bench in Civil Special Appeal (Writ) No. 876/01 and Order dated 20.9.2005 in Civil Misc. Review Application No. 53/03 and remit this matter also to the Division Bench of the High Court for de novo consideration in the light of the law laid down by us in Civil Appeal No. 254/04 (supra). The appeal stands allowed with no order as to costs.