HUSSAIN A. Vs. ADMINISTRATOR UNION TERRITORY OF LAKSHADWEEP

JUDGEMENT

(1.) The petitioners were employed as Plant Operators in a desalination plant managed by a company called Titanium Equipment and Anode Manufacturing Company Ltd. (TEAM Company) under Annexure A1 agreement for the administration of the Union Territory of Lakshadweep since 1990. The petitioners were sponsored by the Employment Exchange, Kavaratti vide Annexures RA2 and RA3. Appointment orders were also issued to the petitioners similar to Annexure A2 which is the appointment order pertaining to the 14th petitioner. TEAM Company managed the plant with the assistance of the petitioners. On 02.02.1995 vide Annexure A4 the Lakshadweep Administration decided to take over the operation of the plant and machinery from TEAM Company and directed the Engineers of LPWD in the service to run the plant utilising the experience of the petitioners, who were the existing Operators. The petitioners claimed that they were absorbed or regularised with effect from the date of taking over the plant by the Lakshadweep Administration. It was undertaken that they would be paid salary and rates applicable to NMR Mates. The petitioners would claim that they are entitled to temporary status labourers in terms with O.M.No.51016/2/90-Estt.(c) dated 10.09.1993 of the Government of India, Ministry of PPG&P, New Delhi at Annexure A11, since they possess all the requisite qualifications to be appointed as Operators in the desalination plant.

(2.) The petitioners approached Central Administrative Tribunal, Ernakulam and filed O.A.No.907/1996, which was disposed vide order dated 12.08.1996 at Annexure A12 directing the respondents herein to examine the matter in detail and pass appropriate orders modifying/clarifying Annexure A7 scheme(Annexure A11 herein), which laid down that those casual workmen who had put in 240 days (206 in case of offices observing five days a week) as on 01.09.1993 will be granted temporary status. However, the respondents did not consider the representations made by the petitioners appropriately.

(3.) Consequently, the petitioners filed O.A. No.617/2011 as well as O.A.No.17/2011 before the Central Administrative Tribunal. Vide order dated 09.10.2012 at Annexure A19, directed the petitioners to make detailed representations to the Secretary, Ministry of Home Affairs, New Delhi with a recommendation of the Administrator, Union Territory of Lakshadweep.