Union of India v. Gagan Kumar

Case Details & Bench

Court: High Court
Hon'ble Judges: Arijit Pasayat
H. K. Sema
Judgment Date: 2005-07-27
Court Decision / Holding: Appeal allowed. The Tribunal’s order granting temporary status was set aside, the High Court’s cryptic dismissal was set aside, and the interpretation that Clause 4 is not an ongoing scheme was affirmed.
Final Disposition: Appeal allowed.

Parties to the Case

Appellants / Petitioners

Union of India

Respondents

Gagan Kumar

Legal Representation & Advocates

Counsels for Petitioners

• Beno Bensigar
• Ms. Vimla Sinha
• B.V. Balaram Das

Counsels for Respondents

• Jitendra Mohan Sharma

Case Synopsis & Summary

This appeal concerns the interpretation of Clause 4 of the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1993. The scheme provides 'temporary' status to casual labourers who were in employment on the date of commencement and who have rendered a continuous service of at least one year, i.e., 240 days in a year (206 days for offices observing a five-day week). A respondent casual labourer claimed temporary status under the 1993 scheme after having completed 240 days in 1998; the Central Administrative Tribunal granted relief, holding the scheme to be ongoing and entitling casual workers to temporary status as they completed the requisite days in a year. The Union of India challenged that view, and the Delhi High Court dismissed the writ petition cryptically without reasons. The Supreme Court reversed, holding that Clause 4 does not envisage an ongoing scheme. To acquire temporary status, a labourer must have been in employment as on the date of commencement and must have completed the required period of continuous service. The Court noted that while the government may formulate future schemes, the present scheme is limited to those in existence at commencement. It also relied on Union of India v. Mohan Lal and Ors., [2002] 4 SCC 573 for a similar interpretation. The appeal is allowed; the High Court’s dismissal and the Tribunal’s order are set aside, with no order as to costs.

Provisions of Law Cited

Clause 4(1) of the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1993O.M. No. 51016/2/90-Estt.(C) dated 10.9.1993

Submissions & Arguments

Contentions of Appellants / Petitioners

Union of India contended that Clause 4 of the 1993 Scheme is not an ongoing scheme and that temporary status was to be conferred only on casual labourers who were in employment on the date of commencement and who had completed the requisite period of continuous service; the Tribunal’s interpretation allowing entitlement upon annual completion of 240/206 days, and the High Court’s cryptic dismissal, were erroneous. The Court was urged to give effect to the scheme as framed and to recognize that new schemes may be formulated by the government but not to reinterpret the scheme as ongoing.

Contentions of Respondents

Gagan Kumar argued that in 1998 he had completed more than 206/240 days of service, satisfying the scheme’s requirement; the Tribunal’s order granting temporary status and consequential benefits should be upheld; the High Court’s dismissal should not be disturbed. The respondent stressed that the core issue was whether Clause 4 creates an ongoing entitlement or a one-time grant based on employment as on the date of commencement.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Union of India and Anr. v. Mohan Lal and Ors.	[2002] 4 SCC 573	Positive	The Court cites Mohan Lal for a similar interpretation of Clause 4, supporting the view that the scheme is not ongoing and that temporary status is tied to those in existence at commencement with the requisite service period.

Extracted Judgment Text

Exact text extracted from official judgment records.

## UNION OF INDIA A f' _v._ ## GAGAN KUMAR JULY 27, 2005 [ ARIJIT PASAYA T AND H.K. SEMA, JJ.] B _Casual labourers (Grant of Te!Jlporary Status and Regularization) Scheme, 1993-Clause 4-Nature of scheme-Held: It is not an ongoing scheme-For grant of "temporary" status, the casual labourer should be in_ C _employment as__ on_ the date of commencement of the Scheme and also should have rendered a continuous service of at least one year._ Respondent, a casual labourer filed O.A. claiming grant of temporary status under Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1993 on the ground that he had completed 240 days D in the year 1998. Tribunal allowed O.A. holding that it is an ongoing scheme and as and when casual labourers complete 240 days of work in a year or 206 days (in case of offices observing 5 days a week), they are entitled to get "temporary" status. Union of India challenged the same by filing Writ Petition before High Court, which was dismissed without assigning any reason for dismissal. E E In appeal to this Court, grievance of Union of India was that the Tribunal was not justified in its view and the High Court by a cryptic non-reasoned order has dismissed the writ petition. Allowing the appeal, the Court F HELD: The Clause 4 of Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1993 states that the conferment of"temporary" status is to be given to the casual labourers who were in employment as on the date of commencement of the Scheme. Clause 4 of the Scheme does not envisage it as an ongoing scheme. In order to acquire "temporary" status, G the casual labourer should have been in employment as on the date of commencement of the Scheme and he should have also rendered a continuous service of at least one year which means that he should have been engaged for a period of at least 240 days in a year or 206 days in case of offices 825 I-I I-I 826 SUPREME COURT REPORTS [2005) SUPP. I S.C.R. - A observing 5 days a week. From clause 4 of the Scheme, it does not appear to be a general guideline to be applied for the purpose of giving "temporary" status to all the casual workers, as and when they complete one year's continuous service. [827-G; 828-A, BJ _Union of India and Anr._ v. _Mohan Lal and Ors.,_ [2002] 4- SCC 573, B relied on. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1026 of2003. From the Judgment and Order dated 23.8.2002 of the Delhi High Court in C.W.P. No. 4427 of2002. c Beno Bensigar, Ms. Vimla Sinha and B.V. Balaram Das for the Appellant. ## Jitendra Mohan Sharma for the Respondent. > The Judgment of the Court was delivered by D ARIJIT PASAYA T, J. The Union of India calls in question legality of the order passed by a Division Bench of the Delhi High Court dismissing the writ petition filed by it. By the impugn&d order the High Court summarily dismissed the writ petition and in effect affirmed the view expressed by the Central Administrative Tribunal, Principal Bench, New Delhi (in short 'the E Tribunal'), though it did not specifically refer to it. Factual background needs to be stated in brief: Respondent filed an original application before the Tribunal claiming that he was engaged as a casual labourer for quite sometime and has been F disengaged by verbal order on 31.12.2000. According to him, he had completed the requisite period of service for grant of temporary status. According to him his case is clearly covered by the Scheme circulated by Department of Personnel & Training (in short "DOPT") in the Government oflndia, Ministry of Personnel, P.G. and Pensions. It was claimed that the department had G circulated by O.M. NO. 51016/2/90-Estt.(C) dated 10.9.1993 a scheme for grant of temporary status and regularization of casual workers. The scheme is called Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993. The said scheme came into force with effect from 1.9.1993. _The_ scheme envisaged grant of temporary status to casual labourer who had worked at least 240 days in a year (206 days in the case of offices H observing 5 days a week). According to the respondent he had completed the 827 U.0.1. _v._ GAGAN KUMAR [PASAYAT, J.] requisite period in the year 1998 and, therefore, was eligible for grant of A temporary status. Present appellant took the stand before the Tribunal that the scheme was not on-going scheme but was applicable to those casual labourers who were in the employment on the date of issue of the O.M. and had rendered continuous service of the requisite period. The Tribunal accepted the employee's stand and directed that the employee be accorded temporary status from 1998 when he had completed the requisite period of 206 days B engagement. Direction was given to grant consequential benefits (including the minimum of the appropriate scale) as his emoluments and for consideration of the case of regularization. The appellant filed writ petition before the Delhi High Court and questioned correctness of the order. The High Court by its impugned order dismissed the writ petition. The High Court recorded practically C no reason for the dismissal except noting that the workman had worked as casual labourer from 1995 to 2000. In support of the appeal, learned counsel for the appellant submitted that the Tribunal was not justified in its view and the High Court did not take note of the submissions made, and by a cryptic non-reasoned order has D dismissed the writ petition. Learned counsel for the respondent on the other hand submitted that undisputed position being that in 1998 the respondent had rendered service for more than 206 days, no exception can be taken to the orders of the • Tribunal and High Court. E The controversy can be resolved on the basis of the interpretation of clause 4 of the Scheme. As already noticed, the Scheme came into effect from 1-9-1993. Clause 4( 1) of the Scheme reads as follows: "4. _Temporary status:-{l)_ 'temporary' status would be conferred on F all casual labourers who are in employment on the date of issue of this OM and who have rendered a continuous service of at least one year, which means that they must have been engaged for a period of at least 240 days (206 days in the case of offices observing 5 days' week)." G Clause 4 of the Scheme is very clear that the conferment of"temporary" status is to be given to the casual labourers who were in employment as on the date of commencement of the Scheme. Tribunal has taken the view that this is an ongoing scheme and as and when casual labourers complete 240 days of work in a year or 206 days (in case of offices observing 5 days a H 828 _i_ ## SUPREME COURT REPORTS [2005] SUPP. I S.C.R. A week), they are entitled to get "temporary" status. We do _not think that clause 4 of the Scheme envisages it as an ongoing scheme. In order to acquire "temporary" status, the casual labourer should have been in employment as on the date of commencement of the Scheme and he should have also rendered a continuous service of at least one year which means that he should have been engaged for a period of at least 240 days in a year or _f_ 06 B days in case of offices observing 5 days a week. From clause 4 of the Scheme, it does not appear to be a general guideline to be applied for the purpose of giving "temporary" status to all the easual workers, as and when they complete one year's continuous service. Of course, it is up to the Union Government to formulate any scheme as and when it is found necessary that the casual c labourers are to be given "temporary" status and later they are to be absorbed in Group 'D' posts. A similar controversy. was examined by this Court in _Union of India and Anr._ v. _Mohan Lal and Ors.,_ [2002) 4 SCC 573 and a similar view was·, expressed in paragraph 6 of the judgment. ## D That being so, the Tribunal's order is clearly ~ntenable'. The High Court unfortunately did not examine the real issue involved and by a very cryptic order summarily dismissed the writ petition. The order of the High Court is accordingly set aside. E At this juncture it is relevant to take note of the submissions made by learned counsel for the respondent. According to him the case of th.e respondent-employee is covered by the observations in paragraph 11 of _Mohqn Lal's_ case (supra)., There is no substance in this plea. The observations in paragraph 11 F were rendered in a different factual background and content and have no application to the facts of the present case. The appeal is allowed without any order as to costs. D.G. Appeal allowed.