Selective Regularisation of Similarly Situated Daily Wagers in Same Establishment Is Impermissible: SC

The Supreme Court ruled that selectively regularising daily-wage workers while denying the same privilege to similarly situated employees in the same establishment is arbitrary and violates Articles 14, 16, and 21 of the Constitution.

A bench of Justices Vikram Nath and Sandeep Mehta emphasised that the State, as a constitutional employer, cannot dismiss long-serving workers’ rights due to budget constraints.

The Court ordered immediate regularisation with effect from April 24, 2002—including creation of supernumerary posts where needed—payment of full arrears, and continuation of service benefits.

A compliance affidavit is to be filed within four months. 

[Dharam Singh v State of UP]