Long-serving part-time casual labourers entitled to conversion and regularization on parity basis, overriding limitation and lack of sanctioned posts.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

a) Order no. 5-1/2014-LE(Pt.II) (i) dated 4.9.2014 to the extent it tends by which the case of the applicant for regularization of his services was found legally untenable may kindly be quashed/ set aside.

b) Further seeking directions in the nature of writ of mandamus to the respondents to regularize the service of the applicant against various posts keeping in view the length of service rendered by the applicant, his continuous working and uninterrupted performance of duties.

c) Further seeking directions to the respondents to release the unpaid wages of the applicant w.e.f the date indicated in the body of the petition regularly and continuously till his services are regularized.

d) Pass such other order or directions as may be deemed fit by this Hon'ble tribunal under the facts and circumstances of the case, including awarding of costs in the interest of justice and equity.

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant, namely Amar Sher Gill, was engaged on 19.09.1997 as a part-time casual labourer (sweeper) in the erstwhile Department of Telecommunications (DoT). His engagement was purely on part-time basis and limited to less than four hours per day, without being against any sanctioned post.

b) Subsequently, the Department of Telecommunications issued certain policy communications, including letters dated 20.09.1999 and 25.08.2000, whereby it was proposed to convert part-time casual labourers into full-time casual labourers, subject to fulfillment of prescribed conditions. The applicant asserts that his case was covered under the said policy framework and that his name appeared in a list forwarded by the Telecom Project authorities while furnishing information regarding part-time casual labourers.

c) With effect from 01.10.2000, Bharat Sanchar Nigam Limited (BSNL) came into existence as a corporate entity, taking over certain functions of the DoT. The applicant continued to work as a part-time casual labourer even after the formation of BSNL.

d) The applicant further contends that vide order dated 11.12.2003, several part-time casual labourers were converted into full-time casual labourers pursuant to corporate office instructions of BSNL. However, the applicant’s name did not figure in the said order, which, according to him, was due to an inadvertent omission, despite his alleged eligibility and long association with the department.

e) It is stated that the case of the applicant was recommended by the Divisional Engineer, Telecom Project, Jammu, vide communication dated 06.06.2006, wherein it was noted that the applicant had been working as a part-time sweeper since 1997 and that several similarly situated persons had been regularized. However, the Assistant General Manager, BSNL, J&K Circle, clarified that the authority to convert part-time casual labourers into full-time casual labourers vested exclusively with the corporate office.

f) The applicant further submitted that he continued to submit representations from time to time, including representations dated 25.03.2014 and thereafter in 2016, seeking conversion into full-time casual labourer and eventual regularization of his services on the ground of long, continuous engagement and alleged parity with other similarly situated employees.

g) The applicant challenges Order No. 5-1/2014-LE (Pt.II