UNION OF INDIA Vs. JAGDISHKUMAR DEVRAM VARADIYA

JUDGEMENT

(1.) Heard learned advocate Mr. Parth Bhatt for the petitioner Union of India and learned advocate Mr. P. H. Pathak for the private respondents.

(2.) The challenge in this Special Civil Application is directed against order of the Central Administrative Tribunal, Ahmedabad Bench dtd. 12/11/2020 in Original Application No. 84 of 2018, whereby the Tribunal set aside the order dtd. 13/11/2017 passed by the competent authority of the Ministry of Communication. By the said order, the respondents were directed to consider the cases of the respondent employees afresh for grant of status of Temporary Mazdoor in terms of Temporary Status Mazdoor Scheme, 1989.

(3.) The Scheme called Casual Labourers (Grant of Temporary Status & Regularisation) Scheme of the department of Telecommunication, 1989, figures on record of the petition (Annexure P, page 122 onwards). The Scheme is brought into force with effect from 1/10/1989. It is made applicable to the casual labour employed by the department of Communication. The Scheme inter alia contemplates grant of temporary status to the casual labourers. One of the conditions mentioned in the Scheme mentions that the Temporary Status would be conferred to all the casual labourers currently employed and who have rendered continuous service or at least one year out of which they must have been employed on work for a period of 240 days. The casual labourers satisfying the said criteria and other miscellaneous conditions mentioned in the Scheme are entitled to be designated as temporary mazdoor, also to become entitled to the consequential benefits of such status.