The General Secretary, Bihar State Road Transport Corpn., Patna Vs. The Presiding Officer, Industrial T
EmailAppeal: Civil Appeal No. 1509 (NL) of 1988.
Petitioner: The General Secretary,
Bihar State Road Transport Corpn., Patna
Bihar State Road Transport Corpn., Patna
Respondent: The Presiding Officer,
Industrial Tribunal, Patna & Ors.
Industrial Tribunal, Patna & Ors.
Apeal: Civil Appeal No. 1509 (NL) of 1988.
Judges: E.S. VENKATARAMIAH & G.L. OZA, JJ.
Date of Judgment: Dec 16, 1987
Head Note:
LABOUR LAW
Regularisation of casual labour – Those working over one year to be regularised – Corporation to prepare a scheme for the same – Salary and allowances to be paid at the minimum pay in the pay scale of regularly employed persons.
Cases Reffered:
1. Delhi Municipal Karamchari Ekta Union (Regd.) v. Shri P.L. Singhla, JT 1987(4) S.C.
2. Daily Rated Casual Labour employed under P & T Department through Bhartiya Dak Tar Mazdoor Manch v. Union of India & Ors.,JT 1987(4) S.C. = (1987) 2 Scale 844.
3. U.P. Income-tax Department Contingent Paid Staff Welfare Association v. Union of India & Ors. JT 1987 (4) S.C.585.
2. Daily Rated Casual Labour employed under P & T Department through Bhartiya Dak Tar Mazdoor Manch v. Union of India & Ors.,JT 1987(4) S.C. = (1987) 2 Scale 844.
3. U.P. Income-tax Department Contingent Paid Staff Welfare Association v. Union of India & Ors. JT 1987 (4) S.C.585.
JUDGEMENT:
O R D E R
1. We have heard learned counsel for both the parties. It is not disputed that a number of Karamcharis working as Drivers, Conductors, Cleaners etc. in the Bihar State Road Transport Corporation have been working for a number of years as casual workers and some of them have been working from 8 to 12 years.
2. We are concerned in this case with only one of the three questions referred to the Tribunal for its decision and that question reads as follows:
“Whether it would be justified to make regular those employees who have completed service for 240 days?”
3. The Tribunal while answering this question has directed that only those employees who had been regularly employed and who had completed 240 days of continuous satisfactory service were eligible for regularisation.
4. Since it is admitted that a large number of people have been working as casual labourers for a long number of years, the question whether they were initially appointed regularly or irregularly becomes immaterial for purposes of the question involved in this case. This Court has in a number of decisions already rendered by it directed regularisation of casual labourers wherever it found that such labourers had been working for a number of years vide DAILY RATED CASUAL LABOUR EMPLOYED UNDER P & T DEPARTMENT THROUGH BHARTIYA DAK TAR MAZDOOR MANCH VS. UNION OF INDIA & ORS.* – (1987) 2 SCALE 844, U.P. INCOME-TAX DEPARTMENT CONTINGENT PAID STAFF WELFARE ASSOCIATION VS. UNION OF INDIA & ORS. – (Writ Petition 1870 of 1986 decided on December 4, 1987) and DELHI MUNICIPAL KARAMCHARI EKTA UNION (REGD.) VS. SHRI P.L. SINGHLA (Civil Appeal No. 3921 (NL) of 1987 decided on December 7, 1987).
5. Following the above decisions we direct the respondent Corporation to prepare a reasonable scheme for regularisation of the casual labourers who have been working for more than one year. The scheme will be prepared within 8 months from today. We also direct the respondent-Corporation to pay with effect from 1.1.1987 salary and allowances to the casual labourers at the rates equal to the minimum pay in the pay-scale of regularly employed persons in the corresponding cadres of the Corporation. All arrears payable pursuant to this order shall be paid within four months from today. The appeal is disposed of accordingly. No costs.
Appeal allowed.
1. We have heard learned counsel for both the parties. It is not disputed that a number of Karamcharis working as Drivers, Conductors, Cleaners etc. in the Bihar State Road Transport Corporation have been working for a number of years as casual workers and some of them have been working from 8 to 12 years.
2. We are concerned in this case with only one of the three questions referred to the Tribunal for its decision and that question reads as follows:
“Whether it would be justified to make regular those employees who have completed service for 240 days?”
3. The Tribunal while answering this question has directed that only those employees who had been regularly employed and who had completed 240 days of continuous satisfactory service were eligible for regularisation.
4. Since it is admitted that a large number of people have been working as casual labourers for a long number of years, the question whether they were initially appointed regularly or irregularly becomes immaterial for purposes of the question involved in this case. This Court has in a number of decisions already rendered by it directed regularisation of casual labourers wherever it found that such labourers had been working for a number of years vide DAILY RATED CASUAL LABOUR EMPLOYED UNDER P & T DEPARTMENT THROUGH BHARTIYA DAK TAR MAZDOOR MANCH VS. UNION OF INDIA & ORS.* – (1987) 2 SCALE 844, U.P. INCOME-TAX DEPARTMENT CONTINGENT PAID STAFF WELFARE ASSOCIATION VS. UNION OF INDIA & ORS. – (Writ Petition 1870 of 1986 decided on December 4, 1987) and DELHI MUNICIPAL KARAMCHARI EKTA UNION (REGD.) VS. SHRI P.L. SINGHLA (Civil Appeal No. 3921 (NL) of 1987 decided on December 7, 1987).
5. Following the above decisions we direct the respondent Corporation to prepare a reasonable scheme for regularisation of the casual labourers who have been working for more than one year. The scheme will be prepared within 8 months from today. We also direct the respondent-Corporation to pay with effect from 1.1.1987 salary and allowances to the casual labourers at the rates equal to the minimum pay in the pay-scale of regularly employed persons in the corresponding cadres of the Corporation. All arrears payable pursuant to this order shall be paid within four months from today. The appeal is disposed of accordingly. No costs.
Appeal allowed.
