Neutral Citation No. - 2025:AHC:71207 Court No. - 5 Case :- WRIT - A No. - 45225 of 2016 Petitioner :- Jai Prakash Mishra Respondent :- Nagar Nigam Allahabad Counsel for Petitioner :- Jitendra Nath Sharma Counsel for Respondent :- Nisheeth Yadav,S.C. Hon'ble Ajay Bhanot,J. The petitioner was appointed as a daily wager in the Nagar Nigam on 09.09.1988. His services were terminated on 31.03.1990. By the termination of his services, the petitioner approached the Labour Court by instituting proceedings under The Uttar Pradesh Industrial Disputes Act. The Labour Court by award dated 08.06.1998 directed the reinstatement of the petitioner in service with full back wages. The award was assailed before this Court by instituted CMWP No.8426 of 2001 (Nagar Nigam Allahabad Vs. Industrial Tribunal and another). Ultimately, the matter spiralled up to the Supreme Court wherein, the following direction was passed in Civil Appeal No. 13959 of 2015 (Nagar Nigam Allahabad Vs. Jai Prakash Mishra) on 01.12.2015: "Keeping in view the fact that the respondent was a daily wage employee and had according to the Nigam worked just for about 114 days and the fact that the Nigam has already reinstated him in service as early as in the year 2001, we are of the view that the direction regarding payment of back wages could be set aside with the observation that the period between 1990 till the date of his reinstatement would except back wages otherwise qualify for all other purposes. We modify the award passed by the Labour Court to the above extent and dispose of this appeal leaving the parties to bear their own costs." Admittedly the petitioner was a daily wager. The judgment rendered by the Supreme Court does not alter the said status of the petitioner. The petitioner was reinstated in service pursuant to the orders of this Court on 12.03.2001 as a daily wager. He was regularly paid the wages due to a daily wager from the aforesaid date. The petitioner was also given the benefit of his services rendered as a daily wager in compliance of the directions of the Supreme Court when his services were regularized on 31.08.2019. After the aforesaid date, the petitioner had been getting the salary admissible to the regular employee of the Nagar Nigam. The claim of the petitioner for a payment of arrears of salary from 17.04.2001 is inadmissible in law. Prior to his regularization the petitioner was only entitled to wages due to him as a daily wager which were undisputebly paid to him. The petitioner cannot be equate himself with a regularly appointed employees and claim equivalent salary prior to his regularization. The present writ petition stands dismissed. Order Date :- 5.5.2025/Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad