Jamshedpur Division Insurance Employees Association and Others vs Life Insurance Corporation of India and Others

S.J. Mukhopadhaya, J.—This writ petition was preferred by petitioner, Jamshedpur Division Insurance Employees Association and two others for issuance of writ(s)/order(s) or direction(s) commanding upon the respondents to pay the wages to the casual/temporary/daily wages workers of Life Insurance Corporation (for short Corporation) the wages at par with the regular IVth grade employees of the Corporation.

According to petitioners, though regular IVth grade vacancies exist but the Corporation by way of unfair labour practice taking work of the post of Peon or the Sepoy (regular IVth grade posts of the Corporation) from daily wage/casual workers but paying less wages than the regular employees, though daily wage/casual workers are performing duty of like a regular IVth grade employee.

Further case of the petitioners is that a number of daily rated/causal/temporary workers are working for more than 5 to 15 years in the Jamshedpur Division of the Corporation, including one Sudir Pal and another Madho Kumar but they are being paid less wage. On the other hand, regular 4th grade employee, such Sepoys/Hamals/ Head Peons/liftmen/watchmen and Peons are getting salary in the scale of Rs. 850-1510/-+Dearness Allowance, House Rent Allowance and other allowances.

The details of daily wage workers working in the Jamshedpur Division of the Corporation in its various breach offices has been shown at para-9 to the writ petition.

Counsel for the petitioner relied on a decision of the Supreme Court in the case of Parimal Chandra Raha v. LIC of India, reported in AIR 1995 SC 1666 to suggest that the Supreme Court granted relief and ordered to pay same salary/wages to the workers working in the canteen offices of LIC at par with the regular employees on the principle of "equal pay for equal work". However, the aforesaid submission cannot be accepted in view of recent decision of the Supreme Court in the case of Utkal University and Another Vs. Jyotirmayee Nayak and Others, . In the said case, the Supreme Court held that in absence of terms of appointment appointing the employee on regular scale of pay! the claim of regular scale or regular salary as admissible to similarly placed regular employees cannot be allowed in favour of daily wage/casual workers.

In this background, no relief can be granted, as sought for. However, if there are regular IVth grade post lying vacant or the respondent-Corporation is taking work of those post from workers on daily wage basis, they are directed not to continue with such ad hoc arrangement for long period but to fill up the vacant IVth grade posts on regular basis after following the procedures of appointment. In such case, if any one or other daily wage/casual worker applies for regular appointment and asks for relaxation of age, it be allowed and the dally wage/casual worker be given weightage over outsiders.

The writ petition stands disposed of, with the aforesaid observations/directions. However, there shall be no order, as to costs.