O.A. No. 491 of 2009. Case: 1. K. P. Joy, 2. Bharathan K. S., 3. M. N. Lalan, 4. K. N. Sasi Vs 1. Union of India Represented By Its Secretary, Ministry of Defence, New Delhi, 2. Flag Officer Commanding-In-Chief, Southern Naval Command, Kochi, 3. Chief Staff Officer (Personnel and Administration), Southern Naval Command, Kochi, 4. Administrative Officer Grade Ii, Staff Officer (Civilian Personnel), Kochi. Central Administrative Tribunal

Case NumberO.A. No. 491 of 2009
CounselB. K. Gopalakrishnan, Sunil Jacob Jose
JudgesDr. K. B. S. Rajan (Judicial Member)
IssueLabour & Industrial Law
Judgement DateNovember 23, 2009
CourtCentral Administrative Tribunal


Dr. K. B. S. Rajan (Judicial Member), (Ernakulam Bench)

  1. Crystallization of vested right and infringement upon such vested rights alone qualify a person to seek judicial remedy for restoration of such vested rights. No vested right is created in temporary employment. (State of H.P. v. Nodha Ram,1998 SCC (L&S) 478) For a casual labourer, there is no vested right for regularization Hindustan Aeronautics Ltd. v. Dan Bahadur Singh,(2007) 6 SCC 207. Challenge after lapse of time results in losing the remedy and the right as well Karan Singh v. Haryana State Marketing Board,(2007) 14 SCC 291, Challenge could be made only when any junior has been retained and senior ignored. Here again, the so called senior should have made enough efforts to seek engagement and any lapse on his part in taking such efforts within a reasonable time would tilt the balance in favour of the junior casual labourers.

  2. When the above is the settled position of law, in the instant case what is to be seen is whether the applicants have crystallized any of their vested rights for engagement as casual labourers and whether such a vested right has at all been infringed by the respondents on account of their action/omission to act.

  3. Way back in 1993, in its order in OA No. 488/92, the Tribunal directed the respondents to prepare a gradation list of casual labourers for the purpose of engaging from the gradation list casual labourers as and when the exigencies warranted. In its order in OA No. 622/2001, the Tribunal directed the respondents to revise the gradation list and the same was followed, after publication in the news media. Names of those who did not respond to the media notification were necessarily to be deleted to trim the list. Thus, from a stupendous 584 the list thinned itself to 101. While two of the applicants did not figure in the first list itself, the other two could not figure in the second list as they had not responded to the media notification. It is thereafter, from the above list that engagement of casual labourers took place and on completion of 206 days of casual labour service, as many as 56 could get regularization in the wake of an order of this Tribunal in OA No. 34/2007 and such regularization took place in respect of those who were regular in their engagement for 20-25 years. As at present, the requirement of casual labourers has been reduced to just six as exigencies justified outsourcing in respect of certain specific work...

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