Long-service casual workers' families entitled to pensionary benefits via notional regularization despite Uma Devi cut-off.

ORDER (Oral)

Per: RAMESH SINGH THAKUR, MEMBER (J):

1. The present Original Application has been filed under Section 19 of Administrative Tribunals Act, 1985 seeking benefit of family pension and gratuity after the demise of Husband of the applicant who worked as casual worker with the respondents from 06.05.1998 till 27.03.2022 and has rendered approximately 24 years of service. The applicant has sought the following relief:

i. That the respondents be directed to grant the applicant benefit of family pension, gratuity and other retiral dues, keeping in view that her husband has worked for 24 years in the respondent department. She be also held entitled for interest at 12% per annum on delayed payments of above mentioned retiral dues.

2. It has been averred by the applicant that she is the legally wedded wife of Lt. Sh. Bant Singh, Daily Wager, who had been working as a casual worker in office of the respondents since 06.05.1998, and passed away on 27.03.2022.

3. It has been contended by the applicant that husband of the applicant worked continuously without any break and was entitled to be regularized in service as per judgment of Hon’ble Supreme Court in the case of Secretary, State of Karnataka Vs. Uma Devi & Ors. in Civil Appeal No. 3595-3612 of 1999, decided on 10.04.2006, and consequently his family would have been entitled for family pension, gratuity and other retiral dues.

4. It has been further submitted by the applicant that she submitted representation to the competent authority to release the benefit of gratuity after the demise of her husband and the same was not responded to. In support of her claim for Service-cum-Death Gratuity of her deceased husband, the applicant placed reliance upon Ministry of Water Resources letter dated 15.12.2005 wherein the decision of nodal departments of Government of India i.e. DoP&T and Ministry of Labour & Employment in a similar matter was conveyed as under:

“The payment of Gratuity does not make any discrimination between casual, contract, temporary and permanent worker. The employee including Seasonal Khalasis who complete the prescribed period of five years continuous service as defined under Section 2A of the Act is entitled to payment of gratuity under the payment of Gratuity Act, 1972. The liability for payment of gratuity vests of a deceased Seasonal Khalasis is entitled for payment of gratuity together with accrued thereon @ 10 p.a. under the Payment of Gratuity Act, 1972. [Ref: Ministry of Labour ID No. S-42011/07/2005.SS.II, dt. 08-12-2005]”

It has been contended by the applicant that her case is covered by the aforementioned decision of Government of India.

5. The applicant has relied upon judgment passed by the hon’ble Apex Court in The State of Gujarat Vs. Talsibhai Dhanjibhai Patel 2022 (1) SCT 749 dated 18.02.2022 (Annexure A-7) whereby the hon’ble Apex Court held a person who rendered more than 30 years on Adhoc basis entitled for pensionary benefits, and held that it is unreasonable for the Government of India to deny pensionary benefits after such long period or service. The applicant has also relied upon judgment of hon’ble Apex Court in Civil Appeal no. 6779 of 2009 titled U.T. Chandigarh & Anr. Vs. Sampat & Ors.(Annexure A-8) wherein it has been held that work charge and daily wage employees cannot be denied the pensionary benefits, who have served the respondents for pensionable service.

6. The applicant has further submitted that in the case of Nihal Singh & Ors. Vs. State of Punjab & Ors. 2013 (4) SCT 469, hon’ble Supreme Court has hel