NFPE PATHANAMTHITTA

CASUAL, PART TIME, CONTINGENT EMPLOYEE'S CASE.

THE COMMITTEE HEADED BY CPMG ASSAM HAS SUBMITTED ITS REPORT TO POSTAL BOARD AND THE SAME IS UNDER EXAMINATION. STAFF SIDE HAS ALSO SUBMITTED ITS SUGGESTIONS TO THE POSTAL BOARD. WE ARE EXPECTING THE DECISION OF THE POSTAL BOARD SHORTLY. JOINT LETTER SUBMITTED BY NFPE AND FNPO IS REPRODUCED BELOW: 

NATIONAL FRDERATION OF POSTAL EMPLOYEES

FEDERATION OF NATIONAL POSTAL ORGANISATIONS

NEW DELHI

                                                           Date- 6-02-2012

MEMORANDUM SUBMITTED TO  SECRETARY, DEPARTMENT OF POST,  NEW DELHI,ON THE PROBLEMS OF CASUAL,PART TIME, CONTINGENT & CONTRACT WORKERS IN THE DEPARTMENT FOR CONSIDERATION AND SETTLEMENT.

            The system of engaging casual laborers is in existence in the Dept. of post even from undivided    P&T Dept. In the year 1980 order was issued by the Dept.  dividing them into different categories. They are....

1-         Those who has not completed  720 days of service in a period of 3 years @ 240 days    per year as on 1-4-1980

2-         Those who are working from 1-4-77 or earlier and have completed 720 days as on 1-     4-80.

3-         Those who are working from 1-4-75 or earlier and completed 1200 days service as         on 1-4-80.

The wages were fixed as follows

            First category they will be paid approved local rates.

            Second category they will be paid 75% of the 1/30 of minimum of group D + DA.

            Third category will be paid daily wage equal to 1/30 of minimum of group D + DA.2

            Against this  discrimination in payment of wages  which is against fundamental rights NFPTE filed writ petition No302 of 1986  on 5-2-86 in the manner of MANDAMUS to the Union of India to  direct it to pay to the petitioners same salary and allowances and  other benefits as are  being paid to the regular and permanent  employees in the  corresponding cadre and to direct the Union of  India to  regularizes the service of casual  labor who had been  continuous service more than 6 months.

            The Apex Court delivered the Judgment on 27-7-1987 which directed the Government as follows:-

            Direction (1). The petitioners are entitled for the wages rates equal to the minimum pay in the pay scale of the regular employees and workers in the corresponding  cadre including DA &  ADA if any and other benefits which are being enjoying on the date  of the Judgment.

            Direction (2). Directed the department to prepare scheme on a rational basis for  absorbing as far as possible those who have  been  continuously working for more than one year within eight  months of the date of Judgment.

            Basing on these Judgments some orders were issued by the department.

They are-

           (1) DOP no 14/8/88-PAP dated 15-6-1987.

            This order allowed paid w/off if a casual labor performed duties for 6 days

2-         DOP no 2-10/88-PE dated 19-2-88 directing the authorities to create posts wherever       feasible and complete the process of absorption by 31-5-1988

3-         DOP No 17-141/88-EDC & trg.  Dated 6-6-88 in these orders  instruction  were  issued for  considering casual  labors against  group D/ EDA posts.  In spite of all these orders same are  not 3 being implemented at lower level and number of quires were raised

such as Who should be treated as casual  labor? These were clarified by the department vide its order No 55-24/88 –SPB1 dated 17-3-89. This order clarified that all the  casual workers working with different names in all the offices  should be treated as casual  labor only with two different names i.e. part time casual labor and full time casual labor.

            Further clarification was issued on 16-9-92 vide lr.  No.45- 14/92 –SPB 1-directing the authorities to consider the PTCLs part  time casual labors] working for five hours and more should be made  FTCL[full time casual labors] by re-adjusting on combination of  duties wherever possible. In the same order it was clearly mentioned that in future no fresh CL should be engaged

            Dept. of post issued orders called as grant of temporary  status and regularization scheme w.e.f. 29-11-89 according to  which CL[both ptcl&ftcl] on the roles of the Dept as on 29-11-89  and continued to  be  employed for 240 days in a year would be  conferred by the  temporary status.    This was further extended up to 1-9-93.

            In spite of various orders mentioned above lower level authorities did not concentrate on this issue and casual labor system was continued as it is and engagement of new CL and contingent was also continued without following the rules and orders.

            Again in the years 2006 orders were issued by DOPT vide its memo no. 49019/1/2006-EStt.dated 11 Dec.2006 for regularization of casual labors who were  recruited in irregular  manner also basing  on the Supreme Court Judgment in Civil Appeal No 3595, 3612/1999 dated 10-4-2006. But the same was neither circulated nor  implemented by the dept. of posts.

            Even CAT HYD. in OA no 388 of 1998 directed the Dept. to grant the temp.  Status to PTCL also but the same was not implemented and opposed by the Dept. and filed WP No 17048 of 2000 in AP High Court.  Hon'ble High Court dismissed the petition 4confirming the orders of the CAT on 7-9-2010. Again dept. approached Hon'ble Supreme Court by filing SLP which was dismissed by the Apex Court. After this much of long struggle for 15 years the Hon'ble CAT judgment was  implemented for only those who approached the CAT that too  particularly prospectively but not retrospectively.

            This is the situation prevailing in the dept of post in respect of casual labors. Even today Number of casual laborsworking from 1980 is still waiting for their absorption.

After implementation of 6thC.P.C. to the regular  employees they have been denied of revised wages  till today on one plea or other. The benefits which have been enjoyed by the down trodden section which are given because of the Judgment given by Apex Court on 27-7-1987 were withdrawn one by one. They are

1. Paid w/o was withdrawn on the plea of Audit objection

2. They have been denied temporary status

3. They have been denied identity cards which are essential to them for performing duties.

4. They have been denied arrears of revised wages / DA from 1-1-2006

5. Wages were not revised on par with regular employees w. e.f. 1-1-2006

6. They are not being paid DA for the last three years.

7. Up to implementation of fifth C.P.C.  recommendation payment of HRA & CCA  was drawn with arrears but  subsequently this was withdrawn against which Hon'ble  CAT Chennai delivered Judgment to pay HRA&CCA, the same  was ratified by Hon'ble High court also but by amending  the rules dept. did not implement the Judgment and  HRA&CCA  was permanently withdrawn by issuing clarificatory order in December 2010.

Keeping in view all the above, your good self  is requested to  examine the situation

prevailing in respect of casual labor in the Dept. and ISSUE INSTRUCTIONS TO ISSUE ORDERS AND SETTLE THE ISSUES MENTIONED BELOW.

i. Immediate payment of revised wages from 1-1-2006 along with  arrears irrespective of date of entry in the dept. which was  quashed  by the Apex Court in 1987

ii. All the CL either full time or part time may be granted paid W/OFF, POH including national holidays.

iii. All the part time contingent posts may be converted as GDS posts and the present incumbents working in that posts may be upgraded as GDS.

iv. All other PTCL may be regularized by issuing appointment orders so that they will get job security

v. All the PTCL may be absorbed against MTS/GDS vacancies by implementing AP High Court Judgment in W.P. no 17048 of 2000 dated 7-9-2010

vi. The following modifications may be made in the latest MTS recruitment rules

            1. Against 25% out side quota priority may be given to eligible casual labors.

            2. The condition of prior to 1993 in respect of PTCL may be removed keeping in view     AP High Court  Judgment in WP NO.17048 mentioned above.

vii. PTCL may be considered against GDS vacancies by reiterating  the DG posts order no 17-141/88-EDC&TRG dated 6thJune 88.

viii. It may be recommended to issue identity cards to all CL irrespective of their working hours.

ix. All the CL may be included in provident fund, gratuity and pensioner benefits as granted to unorganized sector workers.

x. All the welfare measures granted to regular employees may be extended to casual labor also.

             We hope that you will examine these issues with open mind keeping in view the natural justice and fundamental rights provided in the constitution to all the citizens of this country.

Thanking you Madam.

                   Yours faithfully,

   (M. Krishnan)                      (D. Theagarajan)

Secretary General              Secretary General

      (NFPE)                                       FNPO