CHARLES DAVID Vs. UNION OF INDIA

JUDGEMENT

(1.) THE question involved in these two cases is 'whether the petitioners are Open Line Casual Labourers or not'. If they are found to be Open Line Casual Labourers, they would become entitled to count their past service before regularisation for pensionary purpose and other benefits.

(2.) THE brief facts of cases in hand are that earlier, the petitioners in W. P. No. 2554 of 2002 have filed Original Application No. 646 of 1991 before the Tribunal praying a direction to the respondents to take into account the services rendered by them on casual basis for pensionary purpose and other benefits. Their case was that they were engaged as Casual Labourers and thereafter, they were appointed as regular Railway employees between 1973 and 1980. It is stated that in the case of casual labourers in the Open Line after six months of continuous service, they are treated as temporary railway servants and half of their period as casual labour would be counted for the purpose of retiral benefits. The Ministry of Railways, in their letter No. E (NG)II/78/cd/12, dated 4. 10. 1980 made it clear that half of the period of service put in by such casual labourers of Open Line after attaining temporary status would be taken into consideration to count as qualifying service for the purpose of full retiral benefits on their eventual absorption in regular employment, but this benefit was not extended to casual labourers on the projects and had been specifically excluded.

(3.) IT is also stated that by later communications dated 1. 6. 1984 and 11. 9. 1986, the said privilege of counting half of the period of casual service for retiral benefits was extended to casual labourers on the project lines with effect from 1. 1. 1984 and those employees, who had been absorbed as regular railway servants prior to 1. 1. 1984 were denied the benefit of the said privilege. Earlier one batch of employees have filed O. A. No. 485 of 1989 before the Tribunal seeking to extend the said privilege to casual labourers on the projects who had been absorbed as regular railway employees prior to 1. 1. 1981 and the Tribunal by the order dated 8. 2. 1991 had extended the said privilege to the applicants therein.