UNION OF INDIA Vs. CHET RAM

JUDGEMENT

(1.) These two writ petitions involving similar questions of law and fact were taken up for Hearing together and are being disposed of by this common judgment.

(2.) The short question which arises for consideration is as to whether Sundays and national holidays are to be counted towards 'actual service'.

(3.) The respondents herein were employed by the petitioners as 'Badli' workers. They filed an application before the learned Tribunal in terms of Section 19 of the Administrative Tribunal Act, 1985 for a direction that they be transferred to the regular establishment of the second petitioner on the ground that they had completed 240 days in a period of 12 months in terms of Certified Standing Order. The stand of the petitioner before the learned Tribunal as also before us is that the respondents had not completed the actual period of 240 days. According to the respondents, Badli workers are employed only when the regular staff was on regular leave, was absent to avoid any disruption of work.