Parties Name vs Sanjay Rana And Another on 3 December, 2010
CIVIL WRIT PETITION NO. 15278 OF 2000
Similar controversy in the case of casual labourer, employed
on daily wages, came up for consideration before the Hon'ble Supreme
Court in Union of India and others v. Rajendera Kumar Sharma, 1993
AIR (SC) 1317. It was pleaded before the Hon'ble Supreme Court that in
terms of the policy of the department, the workman was due for
regularisation in service on completion of a specified period under the
policy. The workman was ordered to be regularised in service inter alia on
the ground that in the policy in question, it was nowhere stated that on all
off days like Sundays etc., the wages should not be paid to the casual
labourers. The Hon'ble Supreme Court reversed the judgment by stating
that the approach of the Tribunal that since the scheme floated by the
Department do not provide otherwise, the workman was entitled to be paid
even for the days he did not work,( i.e., Sundays etc.) does not appear to be
sound. By noting that the Tribunal has not discussed any other basis to hold
that the workman was bound to get payment for all days, the judgment was
set aside and the matter was remitted for fresh decision.