Irregularly appointed casual workers with 10+ years continuous service in sanctioned posts entitled to regularization under Uma Devi para 53, rejecting exploitation via prolonged adhocism.

O R D E R

Per: Justice Sunil Thomas, Judicial Member -

The applicants herein have approached this Tribunal seeking regularization of their service under the respondents.

2. Applicants were engaged as casual employees under the third respondent, BSNL during the period 1996-1997. Some casual employees of the Ministry of Communication before corporatization into BSNL, had approached the Hon’ble Supreme Court seeking regularization of their service. Supreme Court accordingly directed the respondents to formulate a scheme for regularization of casual employees, who have completed 240 days of continuous service in a year, on a notional basis. Accordingly, a scheme known as “Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1989” was framed and issued. The scheme was stated to be open and the benefits were granted from time to time. By virtue of the scheme, it conferred temporary status of employees followed by regularization and wages and daily wages, etc. The applicants were initially appointed/engaged as casual mazdoors (unskilled labourer) under the office of the General Manager Telecom District, Dimapur during 1996-1997. After having rendered continuous service of 5 to 6 years of casual labourers with the approval of the competent authority, all the applicants were granted temporary status with effect from 12.2.1989. Annexure A2 are the copies of the orders granting temporary status to the applicants.

3. By Annexure A3 dated 21.8.2000 Director of Department of Telecom Service wrote to the General Manager, Eastern Telecom Region, Calcutta to regularize the service of the casual employees. The GM was authorized to create posts for regular mazdoors. The applicants claim that they ought to have been regularized in 2000. According to the applicants, the scheme of 1989 is still in operation and the benefits arising out of the scheme were granted to the employees from time to time. Annexure A1 is the communication dated 7.11.1989 by which the scheme was communicated to all Heads of Department directing them to take immediate action to confer temporary status on all eligible casual labourers in accordance with the Scheme.

4. By Annexure A3 communication dated 21.8.2000, Director, Department of Telecom Services addressed to the General Manager, Calcutta of Eastern Telecom Region to regularize the services who have been actually working under them, and after regularization all the cases of persons were to be handed over to the concerned territorial SSA circles for bringing them under the gradation list and for handling their subsequent service matters. By Annexure A4 communication dated 29.9.2000 the Assistant Director General (STN), Department of Telecom Services informed all his subordinate officers of various administrative units directing that all casual labourers working in the Department are to be regularized including those who have been granted temporary status with effect from 1.10.2000 against available vacancies of regular mazdoors.

5. Though several directions were issued including Annexure A5 communication dated 4.4.2001, applicants were not regularized. According to the applicants, there was acute shortage in the cadre of regular mazdoors and accordingly, by Annexure A6 communication the Assistant Director General, BSNL, permitted all Heads of Telecom Circles and other units for recruitment in the cadre of regular mazdoor. While so, by Annexure A7 order dated 29.5.2002 the office of the General Manager, Nagaland SSA, Dimapur regularized t