UNION OF INDIA Vs. K G RADHAKRISHANA PANICKAR

JUDGEMENT

(1.) SPECIAL leave granted in the SPECIAL Leave Petitions.

(2.) THESE appeals raise the question whether employees who were initially engaged as Project Casual Labour by the Railway Administration and were subsequently absorbed on a regular temporary/permanent post are entitled to have the services rendered as Project Casual Labour prior to 1-1-1981 counted as part of qualifying service for the purpose of pension and other retiral benefits.

(3.) PROJECT Casual Labour were left out from the ambit of this order because there was no provision for grant of temporary status to PROJECT Casual Labour. PROJECT Casual Labour had a grievance that, though very large in number, they had no security of service and no protection whatsoever. The said grievance of the PROJECT Casual Labour was raised before this Court in Writ Petitions Nos. 147, 320-69, 459, 4335 of 1985 etc. filed under Article 32 of the Constitution. During the pendency of the said writ petitions before this Court, the Railway Ministry framed a scheme making provision for grant of temporary status to PROJECT Casual Labour on completion of 360 days of continuous service. The said scheme provided as follows :-