| an industrial dispute was raised by the appellants herein as their services were not being regularized by the respondent. the respondent authority is a state within the meaning of article 12 of the constitution of india. it is therefore constitutionally obliged to strictly comply with the requirements of articles 14 and 16 thereof before making any appointment. indisputably the conditions precedent for appointment of the officers and servants of the authority as contained in the service rules had not been complied with. the appointments of the appellants were therefore void ab initio being opposed to public policy as also violative of articles 14 and 16 of the constitution of india. a state before offering public service to a person must comply with the constitutional requirements of articles 14 and 16 of the constitution. all actions of the state must conform to the constitutional requirements. a daily wager in absence of a statutory provision in this behalf would not be entitled to regularization. the recruitments of the appellants do not fall in any of the said categories. with a view to become eligible to be considered as a permanent employee or a temporary employee one must be appointed in terms thereof. permanent employee has been divided in two categories i who had been appointed against a clear vacancy in one or more posts as probationers and otherwise and ii whose name had been registered at muster roll and who has been given a ticket of permanent employee. a ticket of permanent employee was thus required to be issued in terms of order 3 of the standard standing orders. the matter relating to recruitment is governed by the 1973 act and the 1987 rules. in absence of any specific directions contained in the schedule appended to the standing orders the statute and the statutory rules applicable to the employees of the respondent shall prevail. their names had been appearing in the muster rolls maintained by the respondent. the scheme of the employees provident fund or the leave rules would not alter the nature and character of their appointments. the nature of their employment continues save and except a case where a statute interdicts which in turn would be subject to the constitutional limitations. for the purpose of obtaining a permanent status constitutional and statutory conditions precedent therefor must be fulfilled. indore municipal corporation was not a party and thus no employee could be thrust upon it without its consent. it is furthermore evident that the persons appointed as daily wagers held no posts. the appointments thus had been made for the purpose of the project which as indicated hereinbefore came to an end. the appellants having been employed on daily wages did not hold any post. no post was sanctioned by the state government they were not appointed in terms of the provisions of the statute. they were not therefore entitled to take the recourse of the doctrine of equal pay for equal work as adumbrated in articles 14 and 39d of the constitution of india. the burden was on the appellants to establish that they had a right to invoke the said doctrine in terms of article 14 of the constitution of india. for the purpose of invoking the said doctrine the nature of the work and responsibility attached to the post are some of the factors which were bound to be taken into consideration. furthermore when their services had not been regularized and they had continued on a consolidated pay on ad hoc basis having not undergone the process of regular appointments no direction to give regular pay scale could have been issued by the labour court. |