Niadar and Another vs Delhi Administration and Another

This Judgment has been overruled by : Delhi Development Horticulture Employees'' Union Vs. Delhi Administration, Delhi and others, AIR 1992 SC 789 : (1992) 1 JT 394 : (1992) LabIC 847 : (1992) 2 LLJ 452 : (1992) 1 SCALE 294 : (1992) 4 SCC 99 : (1992) 1 SCR 565 : (1992) 1 SLJ 201 : (1992) 1 UJ 676

Petitioner 1 is a casual labourer on daily wages working in the Soil Conservation Department, Agriculture Section, Delhi Administration, Delhi and Petitioner 2 is the Union of Casual Labourers working in the said department. They have prayed for the issue of direction to the Delhi Administration and to the Union of India to regularise their services and also to pay each of them until such regularisation the minimum salary payable to a person regularly employed in a comparable post in the department. It is stated that many of the casual labourers working in the above-said department have been working for nearly 20 years as casual labourers.

Following a number of decisions rendered by this court on the question of regularisation of casual workers and the need for paying them the minimum salary payable to a regular employee in a comparable post, we issue a direction to the Delhi Administration to prepare a scheme for absorbing the casual labourers who have worked for one year and more in the Soil Conservation Department as regular employees within six months from today and to absorb all such casual labourers who are found fit to be regularised under the scheme as regular employees. Until they are so absorbed the Delhi Administration shall pay w.e.f. 1/10/1988 to each of the casual labourers working in the Soil Con- servation Department the salary or wages at .the rate equivalent to the minimum salary paid to a regular employee in a comparable post in the Soil Conservation Department.

The writ petitions are accordingly disposed of. No costs.