accepted that grant of wages in minimum of scale of pay to the daily-wages employees, like the petitioners, is in consonance with the natural justice. Engagement of Shrampust workers has continued in the State of Jharkhand even after its creation on 15.11.2000. The respondents have not brought on record any circular, notification or guidelines, either adopting the previous notifications issued by the Government of Bihar or issued by the Government of Jharkhand itself. In “State of Punjab & Ors. Vs. Jagjit Singh & Ors” (2017) 1 SCC 148 it has been held that an employee cannot be denied wages in minimum of pay scale even if he is working on daily wages. It is not the case pleaded by the respondent-State that the posts of Jeep Driver, Nalkup Khalasi, Key-men-cum-choukidar etc. do not exits under the department and it is also not the case of the respondent-State that the petitioners are not discharging duties and responsibilities discharged by the regular appointees. Insofar as, cut-off date fixed in letter dated 04.01.2011 is concerned, the same cannot be insisted upon by an employer which has itself acted in breach of its own decision for decades together. Denial of wages in minimum of pay scale to the petitioners is arbitrary and illegal.”
