ORDER

[Pronounced by Hon'ble Mr.P.Madhavan, Member(J)]

The applicants in these two OA's were the applicants in OA 455/2009 which was disposed of earlier.

2. The applicants have filed these OAs seeking the following relief:-

OA 436/2013:

“to call for the records of the first respondent relating to the framing of Scheme entitled, “Gang Labourers (Employment for Sporadic Types of Work) Scheme” of Department of Space, Government of India, 2012” which came into effect from 03.9.2012 and communicated to the first applicant on 18.10.2012 and quash the same and consequently direct the first respondent to create adequate number of posts retrospectively from the date of the initial appointments of the applicants with time scale of pay on par with Group-D post and regularize the services of the applicants by appointing them retrospectively in the said posts from the date of their initial employment with all consequential monetary and service benefits including arrears and pensionary benefits therefor and further to award appropriate compensation for exploiting the applicants all these years and to pass such other order or direction as this Tribunal may deem fit and proper in the circumstances of the case and thus render justice.”

OA 326/2015:

“to call for the records of the first respondent relating to the framing of Scheme entitled, “Gang Labourers (Employment for Sporadic Types of Work) Scheme” of Department of Space, Government of India, 2012” which came into effect from 03.9.2012 and quash the same and consequently direct the first respondent to create adequate number of posts retrospectively from the date of the initial appointments of the applicants with time scale of pay on par with Group-D post and regularize the services of the applicants by appointing them retrospectively in the said posts from the date of their initial employment with all consequential monetary and service benefits including arrears and pensionary benefits therefor and further to award appropriate compensation for exploiting the applicants all these years and to pass such other order or direction as this Tribunal may deem fit and proper in the circumstances of the case and thus render justice.”

3. Since the relief sought and the issues raised therein are of a similar nature, these OAs are taken up together and disposed of by this common order.

4. The applicants in both the OAs are working as daily wage employees for 14 years and more in Mahendragiri unit of the 3rd respondent. The 1st respondent had framed a scheme conferring temporary status for casual labourers in 1993. On coming to know that scheme, applicants filed representation to 3rd respondent to regularize the applicants as per scheme of 1993. But no action was taken by the respondents. Then the applicants together filed OA 455/2009. The CAT, Madras Bench directed the respondents to frame a scheme for the Sporadic Casual Workers of the 3rd respondent. The respondents filed WP against the said order. But it was dismissed by the Hon'ble High Court. Thereafter, an SLP was also filed and the Hon'ble Supreme Court also dismissed the same. Thereafter the applicants filed a CA 101/2011 in OA 455/09 and the respondents came up with a scheme “Gang Labourers (Employment for Sporadic Types of Work) Scheme” Department of Space, Government of India, 2012. The scheme is produced as Annexure A6. According to the applicants, the scheme framed is contrary to the direction of this Tribunal in OA 455/09 which was confirmed by the Hon'ble High Court and Apex Court. So, the applicants seeks to quash the Gang Labourers (Employment for Sporadic Types of Work) Scheme” Department of Space, Government of India, 2012 and to direct the respondents to create adequate number of posts retrospectively from the date of initial appointment with all consequential monetary benefits.

5. Respondents 1 to 3 had filed a detailed reply for and on behalf of all the three respondents. According to them, the impugned scheme was implemented as per direc