Service Law
Regularising some daily-wage workers but not others in the same office violates equality
What the Court held
In Dharam Singh & Ors. v. State of U.P. (Supreme Court of India, 19.08.2025; 2025 LiveLaw (SC) 818), a Bench of Justices Vikram Nath and Sandeep Mehta held that regularising some daily-wage employees while continuing others on daily wages, despite comparable tenure and duties in the same establishment, is a clear violation of equity. The appellants had worked as Class-IV staff and a driver since the period 1989 to 1992, doing recurring work, while the State declined to sanction posts citing financial constraints.
Why it matters
The Court directed that the appellants be regularised with effect from 24.04.2002, with supernumerary posts created where sanctioned posts were unavailable, and arrears and service benefits paid. It held that financial constraints cannot justify denying fairness to workers doing perennial work, and that a government should not extract regular work from employees engaged on an ad-hoc basis without creating regular posts. The decision is useful authority for long-serving daily-wage and contractual employees in comparable situations.
This note is general information on the law as at the date shown, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
Tell us about your matter.
Share the facts and we will tell you, candidly, where you stand and how we can help.