O.A. No. 536/2008. Case: 1. E. I. Thilakan, 2. N. R. Sugunan, 3. M. M. Prasanthan, 4. A. K. Gopi, 5. P. K. Bhanu Prakasan Vs 1. Flag Officer Commanding in Chief, Southern Naval Command, Cochin, 2. Union of India represented by its Secretary, Ministry of Defence, New Delhi, 3. Joint Controller of Defence Accounts(Navy), Kochi. Central Administrative Tribunal

Case NumberO.A. No. 536/2008
Party Name1. E. I. Thilakan, 2. N. R. Sugunan, 3. M. M. Prasanthan, 4. A. K. Gopi, 5. P. K. Bhanu Prakasan Vs 1. Flag Officer Commanding in Chief, Southern Naval Command, Cochin, 2. Union of India represented by its Secretary, Ministry of Defence, New Delhi, 3. Joint Controller of Defence Accounts(Navy), Kochi
CounselC. S. G. Nair, Sunil Jacob Jose
JudgesK. George Joseph (Accountant Member)
IssueService Law
Judgement DateJanuary 08, 2010
CourtCentral Administrative Tribunal

Judgment:

K. George Joseph (Accountant Member), (Ernakulam Bench)

  1. The applicants have filed this O.A. praying for the following reliefs:- i. To direct the respondents to regularize the applicants' services from the date of their initial appointment on casual basis after condoning the artificial breaks in their services and grant all other consequential benefits flowing therefrom.

    ii. To direct the respondents to refix the pay of the applicants.

    iii. To grant such other relief or reliefs that may be urged at the time of hearing or that this Honourable Tribunal may deem fit to be just and proper.

    iv. To grant cost of this O.A.

  2. The applicants are working as unskilled labourers in the Naval Ship Repair Yard,Kochi. They joined service as casual labourers and were granted temporary status as shown below:-

     

    Initial appointment 

    Date of Temporary Status 

    1st applicant  

    9.12.1978  

    11.5.2001 

    2nd applicant  

    17.11.1979  

    18.5.2001 

    3rd applicant  

    12.9.1985  

    26.4.2001 

    4th applicant  

    16.11.1978  

    2.5.2001 

    5th applicant  

    7.9.1979  

    18.5.2001 

    As per para 5(1) of the scheme Annexure A/3 they were regularized upon which their pay was fixed at the minimum of the scale. The applicants represented for fixing their pay by counting the increments earned during temporary status period. The request was rejected vide Annexure A/6 dated 25.3.08. Hence the O.A.

    3 The applicants contend that this Tribunal had held in O.A. 606/2001 that the applicants therein who were similarly placed were entitled to count increments earned while they were in temporary status. The Department of Personnel & Training have issued Annexures A7 and A8 dated 9.5.08 and 14.5.08 respectively on the subject of fixing the pay of casual labourers on regularization. On the basis of Annexures A7 and A8 the applicants pay should be refixed. In O.A. No.421/2006 this Tribunal had directed the respondents to regularize the services from the date of initial appointment on casual basis after condoning artificial breaks in the services of the applicants and make available to them monetary benefits except seniority flowing therefrom.

  3. The respondents contested the O.A. The applicants were not appointed but engaged as daily waged/nerrik rated unskilled labourers for carrying out casual nature of work on weekly basis till conferment of temporary status. Casual appointments are made for a specific period not exceeding 89 days on monthly remuneration basis. In the case of daily wagers minimum wages are paid on the days of work only and no wage is paid for Sundays, Holidays except National Holidays.

    They are not appointed against a post when vacancy arises unlike casual employees. The applicants herein are not similarly situated like the applicants in O.A. No.632/02 and O.A. No.416/2005 as the applicants in these O.As were...

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