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
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.
(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.
(M. Krishnan) (D. Theagarajan)
Secretary General Secretary General(NFPE) FNPO
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