IMPORTANT POINT
That Scheme of 1.9.1993 by Deptt. of Personnel and Training of the Govt. of India is not an ongoing scheme and the temporary status can be conferred on the casual labourers under the scheme only when two conditions incorporated in cl. 4 of scheme are fulfilled. But those who have already been given temporary status on the assumption that it is an ongoing scheme shall not be stripped of the temporary status pursuant to said decision of Apex Court.

Headnote:(i) The Deptt. of Personnel and Training of the GOI Scheme 1993-Grant of "Temporary" status to the casual workers working in some of the departments of the appellants under cl. 4(1)-Whether conferment of "Temporary" status is one time programme as per the scheme or is this ongoing Scheme to be followed by the Deptt.-CAT holding it an ongoing Scheme i.e. casual labourers are to be given temporary status as and when they complete 240 days of work in a year (206 days for the office observing 5 days a week)-Whether correct? (No).
       Held : Clause 4 of the Scheme is very clear that the conferment of temporary status is to be given to the casual labourers who were in employment as on the date of commencement of the Scheme. Some of the Central Administrative Tribunals took the view that this is an ongoing Scheme and as and when casual labourers complete 240 days of work in a year or 206 days (in case of offices observing 5 days a week), they are entitled to get temporary status. We do not think that clause 4 of the Scheme envisages it as an ongoing Scheme. In order to acquire temporary status, the casual labourer should have been in employment as on the date of commencement of the Scheme and he should have also rendered a continuous service of at least one year which means that he should have been engaged for a period of at least 240 days in a year or 206 days in case of offices observing 5 days a week. From clause 4 of the Scheme, it does not appear to be a general guidelines to be applied for the purpose of giving temporary status to all the casual workers, as and when they complete one year s continuous service. Of course, it is up to the Union Government to formulate any scheme as and when it is found necessary that the casual labourers are to be given temporary status and later they are to be absorbed in Group D posts. (Para 6)
       (ii) The Deptt. of Personnel and Training of Govt. of India Scheme, 1993-Clause 7 in grant of temporary status to casual workers-Despite the conferment of temporary status the services of a casual labour can be dispensed with by giving a notice of one month in writing-Whether the services of casual labourers who had been given temporary status could be dispensed with as per clause 7 as if they were regular casual labourers?
       Held : The second question that arises for consideration is whether the casual labourers who have been given temporary status can be removed from service by giving notice as per clause 7 of the Scheme. (Para 7)
       The Division Bench of Calcutta High Court in Writ Petition (CT) No. 86/99 (T. Rajakili & Ors. v. Union of India & Ors., etc. etc. held that Clause 7 must be read in a manner in which it does not render it unconstitutional. The employers cannot at their whims dispense with the services of the casual labourers who have acquired temporary status. The entire object of 1993 Scheme was to regularise all casual workers. To allow such uncanalised power of termination would also defeat the object of the Scheme. Dispensing with the services of a casual labourer under clause 7 in our view, could be for mis-conduct etc. Having regard to the general scheme of 1993, we are also of the view that the casual labourers who acquire temporary status cannot be removed merely on the whims and fancies of the employer. If there is sufficient work and other casual labourers are still to be employed by the employer for carrying out the work, the casual labourers who have acquired temporary status shall not be removed from service as per clause 7 of the Scheme. If there is serious misconduct or violation of service rules, it would be open to the employer to dispense with the services of a casual labourer who had acquired to temporary status. (Paras 8 & 9)

JUDGMENT

K.G. Balakrishnan, J.-Leave granted.

2. In all these appeals, common questions of law arise for consideration and hence they are being disposed of by a common Judgment. In one set of appeals, the Union of India is the appellant and in another set of appeals, Lt. Governor (Andaman & Nicobar Islands) is the appellant. The matter relates to the grant of temporary status to the casual workers working in some of the departments of the appellants. The Department of Personnel and Training of the Government of India formulated a scheme for the grant of temporary status and regularisation of the services of casual labourers working in the various departments under the Government of India. The Scheme came into effect from 1.9.1993. Clause 3 of the Scheme stated that it would apply to all casual labourers in employment of the Ministries/Departments of Government of India of their attached and subordinating officers, and that this Scheme may not apply to Railways and Telecommunications Departments. The Scheme envisaged conferring of Temporary status on all casual labourers who had worked for at least 240 days in a year (206 days in the case of offices observing 5 days a week). The main features of the Scheme are as follows :-

(1) Conferment of temporary status on casual labourers would not involve any change in their duties and responsibilities and the engagement will be on daily rates of pay on need basis.

(2) The casual labourers who acquire temporary status will not, however, be brought on to the permanent establishment unless they are selected through regular selection process for Group D posts.

(3) The wages and wage rate will be fixed at the minimum of the pay scale for a corresponding regular Group D official including D.A. H.R.A. and any other welfare measures.

(4) Benefits of increments at the same rate applicable to a Group D employee would be taken into account for calculating pro rata basis and the leave entitlement would also be on a pro rata basis, viz., one day for every 10 days of work.

(5) Maternity leave to lady casual labourer would be permissible on par with Group D employees.

(6) It is also made clear that 50% of the service rendered under the temporary status would be counted for the purpose of retirement benefits after regularisation.

(7) After rendering three years continuous service after conferment of temporary status, the casual labourers would be treated on par with temporary Group D employees for the purpose of contribution to General Provident Fund, and they would also be eligible for the grant of Festival Advance, Flood Advance on the same conditions as are applicable to Temporary Group D employees.

(8) They would be entitled to Productivity Linked Bonus/Ad hoc Bonus only at the rates applicable to casual labourers.

3. It was made clear that apart from these benefits, that may accrue to the employees on conferment of temporary status, the casual workers working in the Industrial Establishment may be entitled to any additional benefits that may be admissible to them under the provisions of the Industrial Disputes Act. Clause 7 specifically states that despite the conferment of temporary status, the services of a casual labourer may be dispensed with by giving a notice of one month in writing and the casual labourer with temporary status can also quit service by giving a written notice of one month. The wages for the notice period will be payable only for the days on which such casual worker is engaged on work. While filling up the vacancies in group D post, some preference is given to the casual labourers who have been conferred temporary status. Two out of every three vacancies in Group D cadres in respective offices where the casual labourers have been working would be filled up as per extant Recruitment Rules and in accordance w

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