LAWS(DLH)-2013-4-150

SHARDA DEVI Vs. UNION OF INDIA

Decided On April 02, 2013
SHARDA DEVI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) A Letter received by the Supreme Court came to be registered as W.P.(C) No.1276/1986. The letter brought out that daily rated employees/casual workers were appointed by the various Ministries, attached and subordinate offices of the Government of India and for years together a fixed daily wage was paid which was less than even half the amount which was being paid to regular employees performing same job. It was pointed out to the Supreme Court that no holidays were given; no medical facilities were given; the women were denied maternity benefits.

(2.) VARIOUS directions were passed by the Supreme Court resulting in a 'Casual Labourers (Grant of Temporary Status in Regularization) Scheme 1989' being framed as per which it was notified that casual employees would be paid salary in the minimum of the applicable scale without any increments and upon acquiring temporary status would be entitled to weekly off; maternity leave etc. and additionally would be entitled to grant of increments each year. But the scheme did not envisage payment of any gratuity or pension unless the employee who acquired temporary status was regularized.

(3.) OA No.3463/2010 filed by the petitioner has been dismissed by the Tribunal on April 19, 2011. Review sought was declined on June 02, 2011.