UNION OF INDIA Vs. SANJAY KUMAR

JUDGEMENT

(1.) Since, all the afore writ petitions are directed against the impugned verdicts made by the Central Administrative Tribunal, upon, O.A. No. 063/00873/2017, and, upon, OA No. 063/01526/2017, both whereof encapsulate similar subject matters, and, also since common question of facts, and, law are involved in all the afore writ petitions, thereupon, they are amenable for a common verdict being made thereon.

(2.) In the afore Original Applications hence instituted before the Central Administrative Tribunal, Chandigarh, the applicants therein were rendering duties under the respondents, purportedly against seasonal work, or on a casual basis, and, they reared therein, an espousal for quashing, and, setting aside the orders made on 1.03.2017, by the Superintending Archaeologist, ASI, Shimla Circle. In the afore Annexure A-1, the authority concerned, made a reference to DOPT OM No. 49014/2/86-Estt.(C) of 7.6.1988, hence containing instructions against the engagings, of workmen, on a daily wage(s) against those works of a regular nature, rather a mandate is cast therein for engagement of daily waged workmen, only against works of, a, casual or of a seasonal or of an intermittent nature, works whereof, do not require creations, of, substantive posts qua therewith. Consequently, therethrough, the respondents concerned, concluded that since the engagement(s), of, the applicants/workmen concerned, were made against works of a seasonal or intermittent nature, and, obviously when they became not engaged against works of a regular nature, (a) thereupon, their services were amenable for being retrenched, (b) and, furthermore therein, it is declared that the workmen/applicants, were not entitled, to, higher wages, at the rate of 1/30th, of the minimal pay-scale, (c) as the afore benefit is affordable only to such casual workmen, who stand engaged against works, of, a regular nature. Obviously, aggrieved therefrom, the applicants/workmen instituted the afore O.As. Before the Central Administrative Tribunal, Chandigarh.

(3.) The Central Administrative Tribunal, Chandigarh, through orders, respectively made on 4.12.2018, and, on 7.12.2018, after making an allusion to the records, hence, granted the espoused relief(s) to the workmen/applicants concerned. The Union of India becoming aggrieved therefrom, hence, assails the validity of the afore verdicts, before this court, hence, through its instituting the extant writ petitions.