Amilal vs Rajasthan State Road Transport Corporation

J.C. Verma, J.—If any example of exploitation of workers/employees of Rajasthan State Road Transport Corporation is to be looked into, this is one of the case where the petitioner employee Amilal admittedly is being paid daily wages for driving the bus of Roadways right from October, 1985. Though initially he was appointed on temporary basis for a month or so and posted at Kotputli as per annexure-1, but it is not denied that the petitioner is working continuously as Driver of Raodway Corporation ever since. After seven years of his service as stated in amended writ petition, he was even asked to undertake a trade test and interview for his regular selection by the Selection Board, before which selection board he had appeared as per annexure-2 and vide annexure-3. He was again informed in September, 1992 that he has been selected as Daily wager driver on which post he was working since 1985. He was asked to undergo medical test to be conducted by the Health Officer as to enable the department to issue appointment order. At the time of filing of the writ petition the petitioner who was still continuing in job, had come up with the prayer that the Corporation be directed to regularise the petitioner on the post of Driver and to pay the salary in pay scale of regularly employed drivers.

In the reply filed by respondent, the facts of the writ petition are not denied, but it is submitted that there is no discrimination against the petitioner; Counsel for respondent wants to submit that there are hundreds of employee like the petitioner in the Corporation who are being paid only daily wages, since years together and therefore, there is hardly any discrimination if the petitioner is being paid daily wages instead of regular pay scale for decades together. No other plea has been taken by respondent. It is further submitted that the writ petition has been filed malafide.

It is also the contention of counsel for respondent that in the year 1991-92 vide annexures R/1, R/2 and R/3 there were certain complaints against the petitioner. The respondent wants to justify its action of non-payment of salary in regular pay scale to the driven on the ground that there were complaints against the driver. However, it goes without saying that the writ petition does not relate to any departmental enquiry. The petitioner has come up in writ petition to show the discriminatory and arbitrary actions of respondents of non-payment of salary in regular pay scale right from 1985. The petitioner is present in Court and has stated that even today he is being paid Rs. 60/- per day, that is the petitioner is being treated daily wager right from 1985.

I do not find any justification for the Corporation to employ a driver only on daily wages for such a long period instead of granting regular pay scale which should have been granted long before. The contention of counsel for respondent is neither relevant nor touches the discriminatory treatment being given to petitioner for isolating the petitioner to keep him on daily wages. In my opinion, this type of exploitation being practised by respondent is nothing but does fall under the definition of bonded labour, which is strictly prohibited under the provisions of Constitution of India.

After hearing counsel for parties, I am constraint to note that even upto today despite of numerous decisions given by Hon''ble Supreme Court of India and also this Court for regularising the employees after certain and to pay the regular pay scale is not being adhered to; it is one of such case which does require consideration by this Court without any further delay.

In my opinion, it is a fit case where the petitioner is to be fixed at the minimum of pay scale when he was appointed on the post of Driver and after five years of service in regular pay scale with all benefits. That is from 1985 to 1990 the petitioner shall be fixed at the minimum of regular pay scale as applicable to driver and after 1990 he shall be considered to award the salary in regular pay scale with all consequential benefits.

With the above observations and directions, the writ petition is allowed with the cost of Rs. 5000/- to be paid within a period two months along with the arrears of difference of salary.