Daily Rated Mazdoors cannot claim benefits of Casual Laborers without attaining the required status, and arbitrary termination of such workers is unlawful.

ORDER

Urmita Datta Sen, Judicial Member

The applicants have preferred this O.A. under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs :-

“(a) Office Order No.G/74/Outsourcing/Kolkata GPO/2022 dated 19.10.23 (A-9) issued by Deputy Director Kolkata G.P.O. addressed to Caretaker, Kolkata G.P.O cannot be sustained in the eye of law and same may be quashed;

(b) Leave may be granted to file this Original Application jointly under Rule 4(5)(a) of the CAT Procedure Rule 1987”

2. Heard Learned Counsel for both sides and perused the record.

3. The applicants are permitted to move this O.A. jointly under Rule 4(5)(a) of C.A.T. (Procedure) Rules, 1987. Thus the prayer (b) is allowed.

4. By way of this Original Application, the applicants have challenged the validity of the order dated 19.10.2023 (Annexure A/9 to the O.A.), whereby the Deputy Director, P.O.(Admin.), Office of the Director, G.P.O., Kolkata had issued direction to the Caretaker, G.P.O., Kolkata for not to engage daily rated manpower for cleaning, sweeping etc. as and when required basis w.e.f. 01.10.2023 on the ground of introduction of outsourced manpower through GeM. The Respondents have also filed the M.A. No.350/1153/2023 for vacating the interim order granted by this Tribunal vide Order dated 02.11.2023, whereby the respondents were directed not to disengage the applicants till the next date of hearing. Thereafter the interim order continued till today.

5. Grievance of the applicants in short is that they were initially engaged as Daily Rated Mazdoors (DRMs), working on that capacity for more than 10 years and suddenly they were terminated from service w.e.f. 01.10.2023 as per the aforesaid Order of the Deputy Director, P.O.(Admin), G.P.O., Kolkata dated 19.10.2023 (Annexure A/9 to the O.A.).

6. As per the applicants, they were appointed as Daily Rated Mazdoors in General Post Office, Kolkata to discharge the duties of regular Group ‘D’ staff from 1989 to 2011. A Memorandum was issued on 17.05.1989 (Annexure A/2 to the O.A.) by the Assistant Director General (SPN), whereby it was clarified that:-

“……………..all daily wagers working in Post Offices or in RMS Offices or in Administrative Offices or PSD’s/MMS under different designations (mazdoor, casual labourer, contingent paid staff, daily wager, daily rated mazdoor, outsider) are to be treated as casual labourers. Those casual labourers who are engaged for a period of 8 hours a day should be described as full-time casual labourers. Those casual labourers who are engaged for a period less than 8 hours a day should be described as part-time casual labourers. All the designations should be discontinued.”

Thereafter another Memorandum dated 22.01.2015 (Annexure A/3) was issued by the Assistant Director General (GDS/PCC), whereby decision of the Ministry/Department regarding remunerations payable to the Full Time Casual Labourers and Part Time Casual Labourers, was communicated. It is stated by the applicants that they were not given the benefit of the said Memorandum dated 22.01.2015(Annexure A/3) except the Applicants No.7,15, 31 to34, 40, 42, 45, 46 and 51. Therefore, they had approached this Tribunal on earlier occasion by filing O.A.No.1492 of 2018, which was disposed of vide Order dated 14.02.2019 with a direction to the applicants to file a comprehensive representation to the respondents within 15 days from the date of receipt of a copy of the said order and the respondent authorities were directed to dispose of the same by passing a reasoned and speaking order within a further period of 2 months (Annexure A/4 to the O.A.).

7. Pursuant to the aforesaid order of this Tribunal dated 14.02.2019 passed in O.A.No