RAJESH HARISCHANDRA KAMERKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the order passed by the Central Administrative Tribunal rejecting the Original Application of the petitioner claiming regularization of service by the Government of india.

(2.) ACCORDING to the petitioner, he is entitled to protection of Casual Labor (Grant of Temporary Status and Regularization) Scheme of the Government of India. The claim of the petitioner is that he is a temporary servant entitled to be regularized in view of pare 4 of the above scheme. Pare 4 reads thus:

(3.) THE tribunal has considered this aspect in detail and has found as a fact that even if the entire submissions of the petitioner are accepted, he has not worked in any given year for a period of more than 240 days as contemplated by the clause quoted above. The tribunal also found that the petitioner was engaged on piece mill work as and when such work was available and therefore according to the Tribunal the respondents were not bound in law to regularize the services of the petitioner as is not covered by clause 4 of the scheme and even otherwise he was being in piece mill work as and when such work is available and when the petitioner was available to do it.