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2025 Supreme(Online)(CAT) 7131
CENTRAL ADMINISTRATIVE TRIBUNAL
Urmita Datta, Suchitto Kumar Das, JJ
Essar Ali Sk, Kalipada Malakar, Parsanath Haldar, Rasul Ali Sk, Moslem Munshi, Sambhu Ch. Mondal, Gopal Ch. Mondal, Anech Sk, Trinath Ch. Baidya, Md. Amjad Ali Sk, Bikash Ch. Roy, Eradul Munshi, Laltu Sk, Asraf Ali Munshi, Khosdel Sk, Nimai Baidya, Mujibar Munshi, Lalan Sk, Nityan Karmakar, Guljer Mallick, Hiyat Sk, Mustafa Ali Sk, Majid Ali Sk, Mojammel Sk, Sunil Ch. Mondal, Ayub Sk, Diljar Sk, Amir Mallick, Prasanta Biswas, Rustam Sk, Sudhir Gharami, Noorjaman Sk, Gurupada Biswas, Manik Sk, Chatu Ghosh, Subal Roy, Atul Roy, Hassan Mondal, Subrata Ghosh, Shyamal Karmakar, Jahar Sk., Swapan Ghosh, Sunita Dey, Hamjer Ali Sk – Appellant
Versus
Union of India, The Secretary (Tech), Regional Development Office, Central Silk Board, The Director, National Silkwork Seed Project, The Member Secretary, Central Silk Board, Director, National Silkwork Seed Project – Respondent
O.A. 350/00048/2016
For the Appellants/Petitioners: Mr. A. Neogi, Mr. B. Neogi, Mr. G. Singh, Mr. A.P. Deb
For the Respondents: Mr. A. Lahiri
Long-term temporary employees performing perennial duties are entitled to regularization and benefits, despite not meeting technical eligibility criteria.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Grant of Temporary Status Scheme - Applicants, skilled farm workers, sought temporary status and consequential benefits, claiming eligibility based on continuous service since 1993 - Respondents denied status based on incomplete service as of 01.09.1993 - Tribunal ruled that applicants' long-term service indicates perennial nature of work, warranting consideration for temporary status. (Paras 1, 3, 6, 15)
(B) Employment Law - Regularization of Temporary Workers - The court emphasized the importance of recognizing the rights of long-serving temporary employees and the need for fair treatment in employment practices, referencing recent Supreme Court judgments regarding regularization. (Paras 11, 12, 14)
Facts of the case:
The applicants, employed since 1993 as casual workers, were converted to skilled farm workers but denied temporary status due to not meeting the one-year service requirement by 01.09.1993. They contended their continuous service entitled them to the benefits of the Temporary Status Scheme.
Findings of Court:
The Tribunal directed the respondents to reconsider the applicants' cases for temporary status, acknowledging their long-term employment and the nature of their work.
Issues: Whether the applicants are entitled to temporary status and benefits based on their continuous service.
Ratio Decidendi: The Tribunal found that the nature of the applicants' work was perennial, which necessitated granting them temporary status despite the technicality of the one-year service requirement.
Result: The O.A. stands disposed of, directing reconsideration of the applicants' status.
| Table of Content |
|---|
| 1. eligibility for temporary status scheme (Para 2 , 3 , 4) |
| 2. arguments on service duration and jurisdiction (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. supreme court's view on regularization (Para 11 , 12 , 13) |
| 4. perennial nature of work entitles temporary status (Para 14) |
| 5. order for granting temporary status (Para 15 , 16) |
ORDER
Ms. Urmita Datta (Sen), Judicial Member:
The applicants have filed the instant Original Application under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:-
“(a) An order directing the Respondents to confer the benefit of Temporary Status with effect from 1.7.2015 and to fix the pay of the applicants and also to allow the applicants all consequential service benefits,
(b) Issuance of any other order or orders and/or direction as this Hon'ble Tribunal may deem fit and proper.
(c) Leave may be granted to jointly move this application under Rule 4(5)(a) of CAT (Procedure) Rules, 1987. ”
2. The admitted facts that arise from pleadings are as under:-
The applicants were initially appointed as Casual Worker in the year 1993 and are continuing in service of Central Silk Board till date. Further, on 01.05.1995, the applicants were appointed as Time Scale Farm Worker/CFW. The applicants were also converted as Skilled Farm Worker on 15.11.2010 taking into account their ability to perform duties. Thus, they have been continuing in their place of work with only change of designation. During the year 1993, the Central Government framed a Scheme for granting temporary status to Casual Labourers who were designated as Skilled Farm Workers. Subsequently, vide Memo dated 13.07.2015 it was intimated to the applicants that as per instructions of the Ministry as contained in their proposal the Skilled Farm Workers of Central Silk Board will be considered by the Central Silk Board under Rule 28 of the Central Silk Board Rules, 1955 and the same was duly approved for implementation w.e.f. 01.07.2015 vide Resolution dated 13.07.2015 and it was proposed to implement Temporary Status Scheme to employees who were in employment w.e.f. 01.09.1993 and had rendered continuous service for at least one year on the said date and continued to remain in service till 01.07.2015. Pursuant thereto, the National Silkwork Seed Organization, Central Silk Board intimated that the Ministry has approved implementation of Grant of Temporary Status Scheme of the Government of India w.e.f. 01.07.2015 to all eligible Skilled Farm Workers, who were initially appointed as Time Scale Farm Workers.
The applicants further state that they have been working uninterruptedly from 1993 onwards till 2015 and had completed one year service and thereafter continued till date, as such, they were entitled to get temporary status w.e.f. 01.07.2015. The applicants contend that as per the notification, the employees ought to fulfill three conditions, which are as under:-
(a) Must be on employment as on 01.09.1993.
(b) Who have rendered continuous service for at least one year as on the said date.
(c) Continued in service as on 01.07.2015.
Since all the applicants fulfill the aforementioned eligibility criteria, they made a prayer before the respondent authorities for granting them benefit of temporary status. However, the applicants have been excluded from the list of candidates to be confirmed with temporary status only on the plea that they have not completed one year service as on 01.09.1993, which is totally illegal and arbitrary. The applicants state that they were appointed during the period 1986-1989 and have been working continuously till the date of filing of the O.A. and as such they fulfill all the eligibility criteria required for granting temporary status in terms of notification dated 13.07.2015 and they have been utilized in different capacities in the department and thus they are entitled to get the benefits of the notification dated 13.07.2015. The applicants have also preferred a representations dated 04.08.2015 to th
