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Rattan Lal And Others v. Lt. Governors And Others

Rattan Lal And Others v. Lt. Governors And Others

(Supreme Court Of India)

Writ Petition No. 98 Of 1988, 99, 216, 938, 940 Of 1988 | 06-03-1990

1. Counsel for the parties are agreed that these cases are squarely covered by a decision of this Court in Writ Petition Nos. 9609/10 of 1983, titled Niadar v. Delhi Administration decided on September 29, 1988. In terms thereof thus, we direct the Delhi Administration to absorb the petitioners in accordance with the prepared scheme of absorbing casual labourers, which scheme has been made effective from October 1, 1988. In terms of the scheme, any causal labourer who has worked for one year or more in the Horticulture Department shall be regularised within six months with effect from October 1, 1988 if such causal labourer is otherwise fit to be regularised under scheme as regular employee. On that footing each causal labourer working in the department shall get salary on wages at the rate equivalent to the minimum salary paid to a regular employee in comparable post in the Horticultural Department

2. Learned counsel for the petitioner has also contended that the expression salary or wages used in Niadar case ( 1992 (4) SCC 112 [LQ/SC/1988/513] and which has been used instantly also had given rise to a doubt in the department as to whether on regularisation minimum wage is to be paid or minimum salary to the regular employee, and on that doubt Rs. 750 per month instead of Rs. 1100 per month has been paid to some of the employees.

3. Learned counsel for the Delhi Administration disputes this fact and says that it was always meant and always shall mean that minimum salary plus allowances which come up to about Rs. 1100 has been paid to such employees and is otherwise payable. This clarifies the doubt expressed.

4. The writ petitions are accordingly disposed of in these terms.

5. No costs.

Advocate List
  • For
Bench
  • HON'BLE MR. JUSTICE K. RAMASWAMY
  • HON'BLE MR. JUSTICE M. M. PUNCHI
Eq Citations
  • (1992) 4 SCC 117
  • LQ/SC/1990/138
Head Note

Labour Law — Regularisation/Absorption/Retrenchment — Regularisation — Absorption of casual labourers in Horticulture Department — Scheme for — Delhi Administration directed to absorb petitioners in accordance with scheme of absorbing casual labourers, which scheme has been made effective from 1-10-1988