DHANAPATI LAHKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Mr. H. K. Das, learned counsel for the petitioners. Also heard Mr. B. Pathak, learned Standing Counsel for the Bharat Sanchar Nigam Limited (BSNL).

(2.) The petitioners herein are casual workers employed by the respondent, BSNL. They approached the Central Administrative Tribunal (hereinafter referred to as Tribunal) praying for the grant of temporary status and resultant regularisation in terms of a scheme formulated and circulated by the respondent employer, namely, Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Department of Telecommunications, 1989 (hereinafter referred to as the Scheme, 1989).

(3.) Such scheme was prepared pursuant to a direction by the Apex Court in Daily Rated Casual Labour Employed under P&T Department -vs.- Union Of India reported in 1988 1 SCC 122, wherein the respondent Union of India was directed to prepare a Scheme on a rational basis for absorbing the casual labourers who have been continuously working for more than one year in Department of P&T. In the judgment above, the Hon'ble Apex Court categorically recorded that the management, particularly, the governmental agencies should not allow workers to remain as casual or temporary employees for an unreasonable period of time.