Featured image for Supreme Court Judgment dated 02-02-2016 in case of petitioner name Dy. Director, Social Forestry vs Lakshmi Chandra & Ors.
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Daily Wage Workers’ Rights: Supreme Court Orders Minimum Pay and Regularization

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The case of Dy. Director, Social Forestry Division & Anr. vs. Lakshmi Chandra & Ors. addresses the rights of daily wage workers in the Forest Department of Uttar Pradesh. The Supreme Court ruled on their entitlement to the minimum of the pay scale and the need for proper regularization.

Background of the Case

The dispute originated from contempt proceedings related to a previous judgment directing the Uttar Pradesh government to ensure that daily wage workers in the Forest Department received at least the minimum of the pay scale for similar Group-D employees. Despite multiple court orders, the government failed to comply, leading to further legal challenges.

The key legal question was whether the state was obligated to pay minimum wages to daily wagers in Group-D posts and take steps to regularize them.

Legal Proceedings and Previous Orders

The High Court of Allahabad had earlier ruled in favor of the daily wage workers, holding that they were entitled to:

  • Minimum of the pay scale without allowances and increments.
  • Consideration for regularization under the U.P. Regularization of Daily Wages (Appointment on Group D Posts) Rules, 2001.

However, the state government did not implement the judgment in full, prompting the filing of contempt petitions.

Petitioner’s (State Government) Arguments

  • The financial burden of implementing the judgment would be substantial.
  • Regularization could only be done as per the rules and availability of vacancies.
  • The government had already issued instructions for compliance but required more time.

Respondents’ (Daily Wage Workers) Arguments

  • The government was deliberately delaying compliance despite clear court orders.
  • Many daily wage workers had been working for decades without job security.
  • The principle of “equal pay for equal work” mandated their entitlement to at least the minimum pay scale.

Supreme Court’s Judgment

On February 2, 2016, the Supreme Court bench comprising Justice Kurian Joseph and Justice Rohinton Fali Nariman ruled:

1. Daily Wage Workers Must Receive Minimum Pay

  • The state government must ensure that all daily wage workers in the Forest Department receive at least the minimum of the pay scale applicable to regular Group-D employees.
  • This entitlement does not include allowances or increments.

2. Regularization Process Must Be Completed

  • The Supreme Court reaffirmed that regularization must be carried out as per the U.P. Regularization of Daily Wages (Appointment on Group D Posts) Rules, 2001.
  • The government was ordered to prepare an eligibility and seniority list for regularization in all divisions of the Forest Department.
  • The High Court was instructed to oversee this process.

3. Strict Compliance and Consequences

  • The Supreme Court directed the Principal Secretary to the Forest Department and the Principal Chief Conservator of Forests to file affidavits before the High Court confirming compliance.
  • If the payments were not made within one month, the concerned officials would not be eligible to draw their own salaries from April 2016 without permission from the High Court.

The Court stated:

“In case the workmen have not been paid the amounts as per the orders, they shall see that wages are paid in terms of the orders within a period of one month from today, and the affidavit in that regard shall be filed before the High Court within two weeks thereafter.”

Key Legal Takeaways

  • Daily Wage Workers Are Entitled to Minimum Pay: The ruling confirms that daily wage workers must receive the minimum pay scale without additional benefits.
  • Regularization Must Follow Government Rules: While daily wage workers have rights, their absorption into permanent service must follow prescribed procedures.
  • Contempt Proceedings for Non-Compliance: The Court imposed strict deadlines and personal accountability for government officials.
  • Judicial Oversight to Ensure Compliance: The High Court was tasked with overseeing implementation, preventing further delays.

Conclusion

The Supreme Court’s ruling safeguards the rights of daily wage workers while ensuring a structured regularization process. The judgment reinforces the principle of “equal pay for equal work” and mandates strict compliance by government officials, holding them personally accountable for delays.

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Download Judgment: Dy. Director, Social vs Lakshmi Chandra & Or Supreme Court of India Judgment Dated 02-02-2016-1741852490914.pdf

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