ORAL ORDER

(As per Hon’ble Mr. B.V.Sudhakar, Administrative Member)

Through Video Conferencing:

2. The OA is filed for granting temporary status and regularization of the services of the applicant as Machine operator in the respondents’

organization.

3. Brief facts are that the applicant was certified in Fitter trade by ITI in 1987 and thereafter, he obtained a Diploma certificate in Tool Making from the respondents organization. Armed with the said qualifications, applicant responded to the notification of the respondents dated 23/24.3.2004 for the post of Machine Operator and on successfully clearing the interview, was selected vide letter dated 31.5.2004. Applicant joined on 9.6.2004 and the appointment was initially for a period of 5 years and continued thereafter periodically. While working as Machine Operator he was sent for training to Bhubaneswar on a special machine and on completing the training he was asked to execute an indemnity bond binding him to the institute for 3 years. Applicant despite rendering service for nearly 10 years, his services were not regularised but made to work as casual Machine operator, though CPF contribution is deducted from salary, income tax collected at source, job card is maintained etc, as is the case in respect of regular employees. Further, DOPT has ordered regularisation of services of casual labour vide memo dated 10.9.1993, if they render 240 days service with certain conditions. Similarly situated employees working for CPWD and Nehru Yuva Kendras on approaching Hon’ble Apex Court got the relief of salary being paid on par with regular employees coupled with a direction that their services shall be regularised within a period of 6 months. Aggrieved that applicant’s services were not regularised despite the above developments, OA has been filed.

4. The contentions of the applicant are that though he has been working continuously without break for nearly a decade, temporary status has not been granted and services were not regularised, from the date due as per DOPT Scheme of 1993 and in terms of the Hon’ble Apex Court orders in respect of employees working for CPWD and Nehru Yuva Kendras. Applicant cited the judgment of the Hon’ble High Court of Telangana to support his contentions.

5. Respondents state that the respondents’ organization is an autonomous institute of the Govt. of India whose functions are controlled by the Governing Council. In view of acute staff shortage, 10 Machine Operators were engaged on contract basis on an annual basis, to be renewed every year for a period of 5 years with a stipend of Rs.7000 to be increased at the rate of Rs.500 per year. The contract is purely on an adhoc basis and that there would be no claim for regular appointment against any vacancy in CITD at any time. Accordingly, applicant was engaged after he accepted the relevant conditions and was also later sent for training on a special machine with attendant conditions. CPF deductions, issue of Form 16 for Income Tax, etc was done as is being done in respect of other employees complying with relevant rules. Applicant was essentially engaged on contract basis and not as a casual labour and hence, his services were continued periodically on a contract basis.

6. Heard both the counsel and perused the pleadings on record.

7. I. The dispute is about non grant of temporary status and regularization of the services of the applicant as Machine Operator in the respondents Organization. The claim of the applicant that though he has been working for nearly a decade, his services are not being regularized as per DOPT memo dated 10.9 1993, which deals with grant of temporary status and regularization of services of casual labour on complying with certain conditions. Moreover, similarly placed employees working for CPWD and Nehru Yuva Kendras have been granted relief sought, by the Hon’ble Apex Court. However, we observe that the applicant failed to cite the relevant details of the judgment in his OA nor did the L