(a) the number of daily wage earners working in various
Ministries/departments of Union Government as on date,
Ministry-wise;
(b) the scheme formulatd by the Government to regularise their
services in pursuance of the judgement of the Supreme Court in
this regard; and
(c) the time by which the services of these daily wage earners
are likely to be regularised?
MINISTER OF STATE OF DEPARTMENT OF (SMT. VASUNDHARA RAJE)
PERSONNEL AND TRAINING AND DEPARTMENT
OF PENSION AND PENSIONERS` WELFARE IN
THE MINISTRY OF PERSONNEL, PUBLIC
GRIEVANCES AND PENSIONS(SMT. VASUNDHARA RAJE)
(a): The various administrative authorities are themselves
competent to engage persons on daily wage basis for performing a
work of casual/seasonal/intermittent nature. The information in
this regard is not centrally maintained.
(b): A copy of the scheme formulated by the Government in
purusance of the judgement dated 16.2.90 of the Central
Administrative Tribunal, Principal Bench in the case of Shri Raj
Kamal and others Vs. Union of India is enclosed.
(c): As the regularisation of services of daily wage workers is
dependent upon their fulfilment of certain conditions such as
age, educational qualifications etc. and availability of
suitable vacancies in the group `D` cadre, no time frame could be
prescribed for regularisation of their services.
Scheme referred to in reply to part (b) of Lok Sabha Unstarred Question No.1107 Department of Personnel and Training, Casual Labourers (Grant of Temporary Status and Regularisation) Scheme
1. This Scheme shall be called `Casual Labourers (Grant of
Temporary Status and Regularisation) Scheme of Government of
India, 1993.`
2. This Scheme will come into force w.e.f. 1.9.1993.
3. This Scheme is applicable to casual labourers in
employment of the Ministries/Departments of Government of India
and their attached and subordinate offices, on the date of issue
of these orders. But it shall not be applicable to casual
workers in Railways, Department of Telecommunication and
Department of Posts who already have their own schemes.
4. Temporary Status
i) Temporary status would be conferred on 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).
ii) Such conferment of temporary status would be
without reference to the creation/availability of
regular Group `D` posts.
iii) Conferment of temporary status on a casual labourer
would not involve any change in his duties and
reponsibilities. The engagement will be on daily
rates of pay on need basis. He may be deployed
anywhere within the recruitment unit/territorial
circle on the basis of availability of work.
iv) Such casual labourers who acquire temporary status
will not, however, be brought on to the permanent
establishment unless they are selected through
regular selection process for Group `D` posts.
5. Temporary status would entitle the casual labourers to
the following benefits:-
i) Wages at daily rates with reference to the minimum
of the pay scale for a corresponding regular Group
`D` official including DA, HRA and CCA.
ii) Benefits of increments at the same rate as
applicable to a Group `D` employee would be taken
into account for calculating pro-rata wages for
every one year of service subject to performance of
duty for at least 240 days 206 days in
administrative offices observing 5 days week) in
the year from the date of conferment of temporary
status.
iii) Leave entitlement will be on a pro-rata basis at
the rate of one day for every 10 days of work,
casual or any other kind of leave, except maternity
leave, will not be admissible. They will also be
allowed to carry forward the leave at their credit
on their regularisation. They will not be
entitled to the benefits of encashment of leave on
termination of service for any reason or on their
quitting service.
iv) Maternity leave to lady casual labourers as
admissible to regular Group `D` employees will be
allowed.
v) 50% of the service rendered under Temporary Status
would be counted for the purpose of retirement
benefits after their regularisation.
vi) After rendering three years` continuous service
after conferment of temporary status, the casual
labourers would be treated on par with temporary
Group `D` employees for the purpose of contribution
to the General Provident Fund, and would also
further be eligible for the grant of Festival
Advance/Flood Advance on the same conditions as are
applicable to temporary Group `D` employees,
provided they furnish two sureties from permanent
Govt. servants of their Department.
vii) Until they are regularised, they would be entitled
to Productivity Linked Bonus/Ad-hoc bonus only at
the rates as applicable to casual labourers.
6. No benefits other than those specified above will be
admissible to casual labourers with temporary status. However,
if any additional benefits are admissible to casual workers
working in Industrial establishments in view of provisions of
Industrial Disputes Act, they shall continue to be admissible to
such casual labourers.
7. Despite conferment of temporary status, the services of a
casual labourer may be dispensed with by giving a notice of one
month in writing. A casual labourer with temporary status can
also quit service by giving a written notice of one month. The
wages for the notice period will be payable only for the days on
which such casual worker is engaged on work.
8. Procedure for filling up of Group `D` posts.
i) Two out of every three vacancies in Group `D`
cadres in respective offices where the casual
labourers have been working would be filled up as
per extant recruitment rules and in accordance with
the instructions issued by Department of Personnel
and Training from amongst casual workers with
temporary status. However, regular Group `D` staff
rendered surplus for any reason will have prior
claim for absorption against existing/future
vacancies. In case of illiterate casual labourers
or those who fail to fulfil the minimum
qualification prescribed for post, regularisation
will be considered only against those posts in
respect of which literacy or lack of minimum
qualification will not be a requisite
qualification. They would be allowed age
relaxation equivalent to the period for which they
have worked continuously as casual labourer.
9. On regularisation of casual worker with temporary status,
no substitute in his place will be appointed as he was not
holding any post. Violation of this should be viewed very
seriously and attention of the appropriate authorities should be
drawn to such cases for suitable disciplinary action against the
officers violating these instructions.
10. In future, the guidelines as contained in this
Department`s OM dated 7.6.88 should be followed strictly in the
matter of engagement of casual employees in Central Government
offices.
11. Department of Personnel and Training will have the power
to make amendments or relax any of the provisions in the scheme
that may be considered necessary from time to time.