No regularization for casual labour absent valid proof of engagement by competent authority under recruitment ban; department records prevail over unsubstantiated claims and unverified documents.

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

1.Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“(i) The Hon’ble Tribunal may graciously be pleased to quash the impugned order dated 21.11.2013 passed by the respondent no.6 and oral termination order dated 20.09.2013 passed by respondent No.5 which is stated to have been passed on the direction of the higher authority, with all consequential benefits.

(ii) The Hon’ble Tribunal may further be pleased to pass appropriate order or direction as this Hon’ble Tribunal deems fit & proper in the interest of justice.

(iii) To award the cost of Original Application in favour of the applicant.”

2. Brief facts of this case are that the applicant has claimed that he was initially engaged / appointed as part time casual labour in the office of S.D.E. Phones Telephone Exchange, Angarh, District -Mirzapur in the year April 1996 which was under control and supervision by the T.D.M.. Mirzapur. Since then he discharged the duties allotted to him till 19-9-2013. The applicant has further claimed that he worked as part time casual labour since April 1996 for 4 hours per day but discharged duty of more than 8 hours per day without any break at the Hurua Exchange, District - Mirzapur. The Hon'ble Supreme Court had passed a judgment on 29.11.1989 in the Case of Jagriti Mazdoor Union Versus Manager Telecom Nigam Limited and others and direction was given that as such casual labours who have completed 240 days in a calendar year are entitled to get Temporary Status (T.S.) and thereafter who have completed 3 years continuous services, they would be treated at par with Group 'D' employee. Thereafter, respondent No. -2 formulated a scheme on 29.11.1989 for granting Temporary Status and regularization of casual labours. The applicant herein is aggrieved that his claim for the aforesaid benefit of temporary status and further benefits has not been considered by the respondents even though he fulfilled all the requisite conditions. Eventually Respondent No. 5 i,e. SDE, Phones Telephone Exchange, Angarh, Mirzapur has also terminated the service of the applicant orally on 20.09.2013 with consent of the higher authorities.

3. Submission of learned counsel for the applicant is that the department have issued a letter No. 269-13/99 -STN-II dated 16.09.1999 for converting part time casual labours to full time casual labours as well as for regularization of those who were working four hours or more hours per day but the applicant’s claim was not considered. The department also issued a letter No. 269-13/99 S.T.N.-II dated 25.08.2000 which provides that the part time causal labours who were working less than 4 hours per day and have worked for 240 days in the preceding 12 months may be converted from part time casual labours to full time casual labours and thereafter several part time casual labours were converted into full time casual labours but even then the claim of the applicant was not considered for conversion from part time casual labours to full time casual labours and regularization. The Assistant Director General S.T.N. also issued instruction on 29.09.2000 to all CGM's for regularization of casual labours i.e. part time & full time with term & condition for consideration of regularization of the aforesaid casual labours including the applicant and applicant fulfilled the condition No.-3 and 4 as mentioned in the aforesaid letter