IMPORTANT POINT
Framing of scheme is sole prerogative of the Government.

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is filed against the final judgment and order dated 05.12.2016 passed by the High Court of Uttarakhand at Nainital in S.A. No.485 of 2015 whereby the High Court dismissed the appeal filed by the appellants herein and issued directions to them in the nature of mandamus by framing a scheme itself for its implementation to regularize the services of the Casual Paid Labourers and granted them the benefits similar to those of the regular employees under all the Labour Laws.

3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.

4. The appellants herein are the respondents and respondents herein are the writ petitioners of the writ petition filed in the High Court out of which this appeal arises.

5. All India Trade Union Congress(respondent No.1) is a registered Trade Union, GREF Mazoor Kalyan Sangthan(respondent No.2) is also a Trade Union, which is affiliated to respondent No.1 and respondent No.3 is one of the casual workers in Border Road Organization. Respondent Nos.1 & 2Trade Unions consist of members who are casual workers working in different organizations. There is an organization called "Border Roads Organization" (for short, "BRO"). This organization functions under the Border Roads Wing, Ministry of Defence and General Reserve Engineering Forces (GREF).

6. Respondents-Trade Unions filed a writ petition in the High Court of Uttarakhand at Nainital against the appellants claiming a relief for regularization of the casual workers, who according to the respondents (writ petitioners) were working for a considerable long period in one project undertaken by the BRO in the State of Uttarakhand for construction of roads for going to pilgrimage of Char Dham Yatra. It was the case of the writ petitioners that these workers though working for number of years for the Union of India and rendering their services, but they were neither being regularized in the Government set up as a Government employee and nor were being paid regular salary/perks/facilities which were being paid to Government employees and nor they were being provided with any protection which was available to any Government employee. In substance and in effect, the respondents (writ petitioners) claimed that all the casual workers, who were working in the project in question should be regularized in Government Service.

7. The appellant-Union of India opposed the claim of the respondents(writ petitioners). The Single Judge by order dated 11.03.2015 allowed the writ petition and directed the appellant-UOI to regularize the services of the workers. The appellants felt aggrieved and filed intra court appeal before the Division Bench of the High Court. By impugned order, the Division Bench dismissed the appeal with costs of Rs. 50,000/- and while affirming the order of the Single Judge modified it and issued further a writ of mandamus by directing the appellant-Union of India to frame a scheme to provide specific facilities to the workers enumerated in the directions. The directions contained in para 24 of the impugned order reads as under:

"24. Accordingly, there is no merit in this appeal and the same is dismissed with the costs quantified as Rs. 50,000/- (Rupees fifty thousand only). Judgment rendered by learned Single Judge is affirmed and following mandatory directions are issued to the Union of India:

A. Union of India is directed to frame a Scheme within a period of three months from today positively to regularize the services of the members of respondent Federations who have worked for more than five years' continuously in BRO and GREF. The Union of India shall take into consideration the various schemes already framed by the Department of Personnel & Training from time to time while framing fresh scheme.

B. Union of India is directed to pay the members of respondents Federations the minimum of the pay scale being paid to the corresponding regular Group `D' employee,