Post-1993 casual labourers with 240+ days/year continuous long service (16-22 years) entitled to temporary status under 1988 scheme and regularization against Group-D posts with notional benefits.

O R D E R

Per: - Rajinder Singh Dogra, Judicial Member

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

“i. Writ of mandamus commanding and directing the respondents to regularize the services of the applicants as the applicants are serving with the respondents as Casual Labourers since 2004 and under the Policy guidelines are entitled for regularization against permanent posts as they have worked for 240 days in each year of their length of service from the date they became eligible for the same along with all consequential benefits keeping in view of the law laid down by the Hon'ble Supreme Court of India have three years of continuous service to their credit, in the interest of justice.

Any other order, which this Hon'ble Tribunal may kindly award such other relief(s) as may be considered appropriate in the circumstances of the present case.”

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

i. The applicants were already registered with employment exchange and having the requisite qualification and as such, the applicants applied through employment exchange for the post of casual labourer and as the post were already supplied to the employment exchange, the name of applicants were sponsored by the Deputy Director Employment, Employment Exchange, Rajouri and as such, the applicants came to be appointed as casual labourer with the respondents. After the appointment of the applicants, they started performing their duties as casual labourers.

ii. The applicants were appointed as Casual Labourers on daily wages with the respondent and started performing their duties at 281 ASC (Supply) C/O) 56 APO and continue to perform their duties as casual labourers on daily wages till date since 2008. 2004, 2004, 2004 and 2010 respectively.

iii. The respondent no. 3 vide its letter no. 0002/Civil/Labour/Q dated 21-01-2004 supplied the vacancies of casual labourer to the employment exchange. This fact is evident from the communication no. DDER/Sub/2004/2765 dated 28-01-2004 whereby the Deputy Director Employment Rajouri expressed his gratitude for supplying the vacancies of casual labourers.

iv. Since the applicants performed their duties with the respondent continuously and as such in the first year the applicant attained the credit of service with 240 days in the calendar year and as such, under law became entitled for his regularization against a Group-D post. The applicants fulfil the requirement of seven years continuous service as per the law laid down by the Hon'ble Supreme Court and as such was required to be regularized but instead, the respondent no. 3 did not allow the applicants to perform his duties and from time to time have been withholding salaries of the applicants, though the applicants are currently also performing their duties continuously with the respondents as Casual Labourers.

v. Since the applicants performed their duties with the respondents continuously and as such in the first year the applicants attained the credit of service with 240 days in the calendar year and as such, as per the Scheme known as Grant of Temporary Status and Regularization Scheme of Govt. of India, became eligible for conversion of his casual labourer status to temporary status.

vi. Temporary status would be conferred on all casual labourers who are in employment on the date of issue this OM and who have continuation of his service for at least o