Original Application Nos. 670 and 17 of 2011. Case: 1. Hussain A, S/o. Kidave M.P., Agam House, Kavaratti, R.O. Plant Operator, Sub-Division L.P.W.D., Kavaratti Island, U.T of Lakshadweep and Ors., 2. K. P. Kunhikoya, S/o. A.P. Attakoya, Kunhipuvakada House, Kalpeni Island, U.T of Lakshadweep, R.O. Plant Operator, PWD Sub-Division, Kalpeni. Residing at Kalpeni Vs 1. The Administrator, U.T. Of Lakshadweep, Kavaratti - 68255, The Superintending Engineer, Lakshadweep Public Works Department, Kavaratti - 68255 and Union of India represented by Ministry of Home Affairs, North Block, New Delhi, 2. The Administrator, U.T. Of Lakshadweep, Kavaratti - 68255 and The Superintending Engineer, Lakshadweep Public Works Department, Kavaratti - 68255. Central Administrative Tribunal
| Case Number | Original Application Nos. 670 and 17 of 2011 |
| Judges | Mr. P.R. Raman, Judicial Member and Mr. K. George Joseph, Administrative Member |
| Issue | Service Law |
| Judgement Date | October 09, 2012 |
| Court | Central Administrative Tribunal |
Order:
Mr. K. George Joseph, Administrative Member, (Ernakulam Bench)
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The Lakshadweep Administration had set up Desalination Plants in various Islands in the year 1990. Not having the expertise to operate the plants, the operation of the plant was entrusted, on payment of contract price by the Administration, to the Titanium Equipments and Anode Manufacturing Company Limited (TEAMCO) on 15.07.1991. The applicants were appointed as Plant Operators on contract basis by the TEAMCO during the period 1990-93. The Lakshadweep Administration took over the operation of the plants vide order dated 02.02.1994 with all assets and liabilities and absorbed the existing Plant Operators with effect from 02.02.1995. In the absence of the Recruitment Rules, the applicants were treated to be equivalent to NMR Mates in the Public Works department (PWD) and were paid 1/30th of the basic pay and D.A. of NMR Mates only. They were not given benefits like, HRA, CCA, Special Duty Allowance, Grade promotion under the ACP Scheme etc. In the year 2008, 60 posts of Plant Operators were sanctioned. The applicants had been working as Plant Operators since 02.02.1995 without getting all service benefits and scale of pay of NMR Mates. In pursuance of the order of the Principal Bench of this Tribunal dated 16.02.1990 in the case of Rajkamal and Others vs. Union of India, the Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993 was introduced with effect from 01.09.1993, by which temporary status was conferred on all casual labourers who were in employment on the date of the issue of the Scheme and who had rendered continuous service of at least one year (240 /206 days). Some of the applicant filed O.A. No. 907/1996 claiming the benefit of temporary status under the Scheme. The Tribunal vide order dated 12.08.1996 directed the Union Government to examine the issue in detail and pass orders regarding modifying or clarifying the O.M. dated 10.09.1993 and pass orders granting temporary status to all those who have been engaged in the Desalination plants consistent with the statutory eligibility envisioned by the Industrial Disputes Act. No decision was taken by the Government of India. The representation dated 04.09.1998 in terms of the order of this Tribunal made by the applicants was rejected by the Executive Engineer stating that the applicants in O.A. No. 907/1996 were not eligible for conferment of temporary status as they were engaged after the cut off date of 01.09.1993. Claiming equivalence in pay and allowances and other service benefits to NMR Mates, the applicants have filed representation dated 16.12.2008 followed by another. No final order has been passed on it. Meanwhile, vide Annexure A-14 dated 04.04.2011, the Superintending Engineer, LPWD, Kavaratti, has called for the details of willing NMR temporary status labourers for considering absorption to the post of Plant Operators. In fact, there is no NMR temporary...
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