2002 INSC 0208
                                    SUPREME COURT OF INDIA

                                      Punjab State Electricity Board

                                                      Vs.

                                                 Wazir Singh

                                           C.A.No.3221 of 2000

              (S. Rajendra Babu, K.G. Balakrishnan and P. Venkatarama Reddi JJ.)

                                                 11.03.2002

                                                JUDGMENT

S. Rajendra Babu, J.

1. The respondent brought a suit on the basis of certain instructions issued by the appellant-
Board for absorption of daily-wage workers to work-charged establishment who had
completed 500 days of service. While the Trial Court did not have the benefit of the circular,
the appellate court did have the benefit of that circular dated 19.9.1991. The Trial Court,
however, decreed the suit.

2. In the appeal, the appellate court noticed that the respondent in each of these cases had
completed 500 days as daily-wage worker by the cut-off date, which had been extended from
time to time. Thus it was found that the respondent in each of the cases was entitled to be
absorbed as work-charged worker. But the appellant-Board had not considered his case while
passing the order impugned in the suit and, therefore, he was entitled to be absorbed as work-
charged worker by conversion from daily wage worker to the work-charged establishment.

3. The matter was carried in second appeal to the High Court. The principal contention put
forth before the High Court is that not only the daily wage worker should have 500 days of
service by the cut-off date but also must continue to be in the service of the Board in the date
of issuance of the circular. The High Court, however, found that there was no stipulation that
such a daily wage worker should be actually in service on the date of issuance of the circular
and on that basis dismissed the second appeal. Hence, this appeal by special leave.

4. The relevant portion of the circular dated 19.9.1991 reads as follows:-

        "The matter regarding conversion of daily wage workers into work-charge has been
        reviewed by the Board and it has been decided that all daily wage workers who have
        put in 500 working days in the service of the Board upto thirteenth September eighty
        eight [30.9.1988] and are continuing in service of Board shall be eligible to be

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        converted into work-charge workers. These conversions will be subject to availability
        of work charge posts and no further appointments will be made on daily wage basis."

5. The High Court read the circular only upto the cut-off date and not thereafter. The latter
part, which clearly states "and are continuing in service of Board" in order to become
eligible to be converted into work- charged employees was lost sight of by the High Court.
Therefore, it was held that the sole condition to be fulfilled was that the daily wage worker
should have put in 500 working days upto the cut-off date. That interpretation will not be
correct in the circumstances of the case, when two conditions had been imposed; firstly that
the concerned daily wage worker should not only put in 500 working days in service upto the
cut-off date, and secondly, should be in continuous service upto the date of issuance of the
circular in order to become eligible to be converted into daily wage worker. The second
aspect could not have been ignored at all.

6. The appeal is, therefore, allowed, the order made by the High Court is set aside and the
matter shall stand remitted to the High Court for fresh consideration on this aspect of the
matter with reference to facts arising in the case.

7. The question raised in each of these appeals is identical to that of C.A. No. 3221 of 2000.
Following the said decision and for the reasons stated therein, these appeals are allowed in
the same terms as set forth therein.

Appeals allowed.

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