ORDER

Per Mrs. Hina P. Shah The present Original Application has been filed by the Applicants under Section 19 of the Administrative Tribunals Act, 1985 for the following reliefs:-

(i) the present Original Application may kindly be allowed and the benefit of the order dated 31.12.2015 may also be extended to the applicants and the pay of the applicants may also be enhance following the OM issued by the DOPT. The applicants may also be allowed payment of arrears accordingly.

(ii) any other order or direction which deem fit and proper in the facts and circumstances of the case may also be passed in favour of the applicants.

(iii) cost of this Original Application also may be awarded in favour of the applicants.

2. The brief facts of the case, as stated by the Applicants are that they were initially appointed in Department of Income Tax on casual basis and are presently working as casual labour in D/o Income Tax CIT Alwar. Initially they were performing duties directly under the Respondents and thereafter they were engaged through service provider agency. On 31.05.2011, an order was passed by Respondents revising the salary of persons working in the D/o Income Tax from Rs. 292/- per day to Rs.164/- per day. The said order was challenged by similar employees before the Tribunal by way of several OA’s. The Tribunal had directed the Respondents to pay salary in accordance with the Circular issued by DOPT following the ratio 1/30 of pay. The said order was challenged before Hon’ble High Court and Hon’ble High Court upheld the order of Tribunal. The Respondents have now passed order dated 31.12.2015 (Annexure A/1) to extend the benefit of said orders only to those persons who have approached this Tribunal. The Applicants had not approached the Court at that relevant time, therefore they cannot be disallowed the benefits of order dated 31.12.2015.

The Applicants are also entitled for arrears as granted to other persons. Therefore, being aggrieved by the action of the respondents, Applicants have approached this Tribunal for redressal of their grievances.

3. (a) After issue of notices, respondents state that during the pendency of the Original Application, Respondents have examined the facts. Pr. Chief Commissioner of Income Tax, Jaipur has extended the benefits of wages revision and passed order dated 31.12.2015 and in pursuance to the said order, vide order dated 28.07.2016 benefits have been extended to Applicant No. 2 (Annexure R/2). Therefore prayed that since relief sought by Applicant No. 2 has been granted, present Origin al Application filed by Applicant No. 2 has become infructuous and thus the Original Application filed by her is liable to be dismissed.

b) Respondents have filed their reply raising preliminary objection stating that the present Original Application is not maintainable as the Applicant No. 1 is neither an employee of Income Tax Department, nor he is casual worker directly engaged by the Department. His services are provided to the Department through service provider, M/s Symbiosis Management Consultants, Jaipur and Applicant has not impleaded M/s Symbiosis Management Consultants, as party Respondent thus in absence of necessary party, the present Original Application deserves to be dismissed.

(c) On facts, Respondents state that Applicant No. 1 is currently providing Computer Data Entry service as a Casual Labour in the O/o Pr. Commissioner of Income Tax at Alwar. He is providing services on behalf of a service provider i.e. M/s Symbiosis Management Consultants, from 02.01.2012 onwards. He is an employee of M/s Symbiosis Management Consultants, and never engaged directly by the Department.

Respondents further state that in respect of litigation between the Department and Casual Workers, it is submitted that certain casual workers who were directly engaged by Income Tax Department in Rajasthan had directly appro