LexUNION OF LNDIA AND ORS. versus DHARMA PAL AND ORS. ETC.
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A UNION OF lNDIA AND ORS. v. DHARMA PAL AND ORS. ETC. MARCH 29, 1996 B [K. RAMASWAMY AND G.B. PATTANAIK, JJ.j Labour Law: lndust1ial Di.1putes Act, 1947/Equal Remuneration Act, 1976 : C Casual Labow·e1"/Daily wage worken-Regulmisation of-U11io11 Ter- 1ito1y of C/wndigarh-Work chmge employees/Ca.ma/ labourers/Daily wage workers working in the Govenunent. Departn1ents for nzore than JO year.'i'"-Schenze ji·anzed by tlze Govenunent for regula1isation approved and directed to be ilnple111ented-E111ployees who are regula1ised would be entitled D lo all (he regular payment at the scale of pay presc1ibed lo the Central Govenunent e111ploye~Worke1:\' who are not regula1ised are entitled to niin- imwn sa/aiy presc1ibed for the post-In addition to that they are also entitled to 60% of the DA. at Punjab pattem-Procedure for retre11chment to be followed in J"Cj]Ject of the worke1:f who are required to be retrenched. E CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7062 of 1996 Etc. From the Judgment and Order dated 1.4.92 of the Central Ad- ministrative Tribunal, Chandigarh in 0.A. No. 276 CH. of 1989. F K. Madhava Reddy, P.S. Poti and M.R. Sharma, Kanwaljcet Koch- har, J.D. Jain, K. R. Nambiar, C.M Sharma, M.C. Dhingra and Anjani Sharma for the appearing parties. ·+ The following Order of the Court was delivered : G Leave granted. We have heard learned counsel on both sides. Pursuant to the direction given by this Court the appellants have -I -· framed the scheme. Shri K.B. Sharma, Superintending Engineer, Construc- H tion Circle No. 2, Chandigarh Administration has placed the same along 1056 U.0.1.v. DHARMAPAL 1057 with the additional affidavit. The Scheme has been approved by the Central A Government. The .schc1ne reads as under : For work charged eniployees : "(i) All the works establishment (excluding office of Ministerial Clerical and drawing cadres below the level of _junior Engineer), engaged in the construction/execution of maintenance work, shall be called 'Work Force'. The work force includes buildings, roads, public health activities comprising augmentation of water supply, canals, drainage, electrical and electricity etc. The 'work division' shall he a unit for casual or daily wage work force and a 'circle' for work charged establishment. Separate cadre and seniority list for each category shall be maintained in the Division and Circle as the case may be. B c (ii) Workers engaged on jobs, which are likely to be of a short duration, i.e., less than 240 days in a year, will be terminated on D completion of work. No seniority list of such workers will be required to be maintained. (iii) Workers who have completed five. years service as on 31st August, 1995 will be considered for Regularisation against the available regular posts subject to the fulfilment of requirements as E laid down in the Recruitment Rules for the post in question, if they were recruited before 6.1.1992, the date on which a ban was imposed on the recruitment of daily/casual workers. (iv) Since a complete ban on recruitment of· work charged casual/daily wage employees was imposed by Chandigarh Ad- ministration, those recruited in contravention o.f this policy decision after this date, i.e., 6.1.1992 will be considered for their . regularisation only on the assessment of justification/requirements on the basis of norms approved for the continued nature of work and attaching the specific approval of Home Department, Chan- digarh Administration. For Casual/Daily Wage1~ (v) Workers working as Casual labourers in works which have more F G or less fixed period of completion will be eligible for payment of H 1058 A B c SUPREME COURT REPORTS [1996] 3 S.C.R. benefits as admissible to them under rules. However, they will not be considered for regularisation automatically. Their requirement has to be reassessed after commissioning the work. Thus, the workers will be liable lo be retrenched on completion of works except categories in limited numbers who are required for the operation and maintenance of the completed works. In their cases specific approval of the Home Department should be taken. (vi) Daily wage employees who have completed 10 years or more service as on 31.8.1995 shall be considered for regularisation w.e.f. 31.8.1995 on the availability of posts. Such employees shall be entitled for minimum of the scale w.e.f. the date of their regularisa- tion. On regularisa
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