JUDGMENT
M. Srinivasan, C.J.
1. The petitioner-Corporation is challenging the award passed by the Presiding Officer of the Labour Court on a reference under Section 10 of the Industrial Disputes Act. The Labour Court has held that respondents No. 2 and 3 herein who were appointed initially in 1986 as daily waged employees, are entitled to regular appointment as Chowkidars on daily wages after completion of 240 days of service and they are entitled to arrear of wages and other benefits. The reference was thus decided in favour of the said persons.
2. Obviously, the Labour Court has misunderstood the ruling in Mool Raj Upadhyaya v. State of H. P. and Ors., 1994 Supp (2) SCC 316. The Supreme Court had to consider the provisions of the Scheme framed by the State Government with regard to the Departments of P. W. D. and I & P H. The Supreme Court modified the Scheme with regard to four paragraphs thereof and held as follows :
“(1) That those completing 10 years continuous service with at least 240 days in a calendar year should be appointed as work-charged employees with pay scale applicable to the lowest grade ;
(2) & (3) That those with leaser length of service should be given the same relief w.e.f. the date they complete the requisite. length of service. Till then, they should be paid daily wages prescribed by the State Government for daily wage employees falling in Class III and Class IV ;
(4) Regularisation should be effected in a phased manner on the basis of seniority-cum-suitability including physical fitness. On regu-larisation, they should be entitled to time-scale and other benefits available to regular employees of the corresponding lowest grade.”
3. The Labour Court has failed to notice that the Supreme Court has held in State of Haryana
and Ors. v. Piara Singh and Ors., (1993-II-LLJ-937), that regularisation is not a matter of course on the completion of 240 days in one calendar year and that it is a matter, which should be governed by a proper Scheme and the Rules and Regulations.
4. After the judgment of the Supreme Court in Mool Raj Upadhyaya’s case, the State Government has framed the Scheme with regard to other Departments also and the petitioner-Corporation has also adopted the said Scheme by a communication from the Chief Secretary to the Government of Himachal Pradesh to various Departments and various Corporations dated July 11, 1995. The Scheme was to come into force w.e.f. April 1, 1995 subject to the observance of certain conditions mentioned therein. Condition No. 1 states that daily waged workers whether skilled or unskilled who have completed 10 years or more of continuous service with a minimum of 240 days in a calendar year as on March 31, 1995 shall be regularised w.e.f. April 1, 1995 only upto the number of posts available in the respective organisation and the terms and conditions for such regularisation shall be governed as per Annexure A. It is not necessary for us to set out the other portions of the Scheme.
5. By a communication dated October 10, 1995 the Managing Director of the petitioner-Corporation has issued instructions to the General/Divisional Manager of the Corporation, Dharamshala, Shimla, Mandi and Hamirpur and also to all the Heads of Offices in the Corporation besides the Financial Advisor and Chief Accounts Officer of the Corporation. In that communication, it is stated as follows :
“It is made clear that the wages approved by the State Government are also applicable to the Boards/Corporations and as such are hereby allowed to be paid to daily waged workers in the following manner to avoid confusion at the later stage :
(i) The rates circulated vide memorandum of even number dated July 29, 1995 arc applicable only to the daily waged workers other than daily waged mazdoor/labourer engaged on Civil Engineering side on muster roll basis. These rates are applicable w.e.f. April 1, 1995.
(ii) The rates of daily waged mazdoor/labourer whether skilled or unskilled engaged tor menial jobs in Civil Engineering Cell shall be paid wages as per the rates of HP PWD.
(iii) As regards the rates of part timers engaged for four hours a day they shall be paid wages as notified by the Deputy Commissioner of the areas concerned till further orders.”
6. in view of the aforesaid two communications, it is clear that respondents No.2 and 3 will be entitled to be considered for regularisation only on the basis of the Scheme framed by the State Government and adopted by the Corporation referred to above. However, respondents No. 2 and 3 will be entitled to daily wages, as provided in the communication dated October 10, 1995, referred to above.
7. The award passed by the Labour Court is set aside and with the above direction, the writ petition is allowed to that extent. There will be no order as to costs.
C M. P. No. 3840 of 1995:
In view of the disposal of the writ petition, this application is dismissed and the interim order is vacated.