CAT denies regularisation of service to casual labourers
The Central Administrative Tribunal (CAT) has declined to grant regularisation of service to casual labourers employed by the central government holding that they were not regularly appointed.
By PTI |
NEW DELHI: The Central Administrative Tribunal (CAT) has declined to grant regularisation of service to casual labourers employed by the central government holding that they were not regularly appointed.
A bench of the Tribunal consisting Vice-Chairman Justice M Ramachandran and member Chitra Chopra said, "Since they were not regularly appointed but only casually engaged and as they had thus been so accommodated without conferment of any legal rights, it could not have been possible for them to urge a contention that they are required to be regularised."
"Taking notice of the work that was to be discharged with transparency, a method has been evolved whereby the contractor has to supply the required labour," the bench observed.
This cannot be considered as offensive or surreptitious method, as it is well settled that an employer has a right to decide in what manner his work has to be arranged, said the Tribunal.
Dismissing the petition filed by Krishan Kumar Rajput and Gajendra Pratap Pal engaged as casual labourers by the Ministry of Environment and Forests though a contractor, the Tribunal said that there may not be regular work available.
"Or there might be any number of reasons, which may justify engagement on contract basis. We are not expected to look into such matters," it said.
However on humanitarian grounds the Tribunal asked the Ministry to consider continuation of employment of the petitioners who had been evading the contractor and not responding to his letters.
A bench of the Tribunal consisting Vice-Chairman Justice M Ramachandran and member Chitra Chopra said, "Since they were not regularly appointed but only casually engaged and as they had thus been so accommodated without conferment of any legal rights, it could not have been possible for them to urge a contention that they are required to be regularised."
"Taking notice of the work that was to be discharged with transparency, a method has been evolved whereby the contractor has to supply the required labour," the bench observed.
This cannot be considered as offensive or surreptitious method, as it is well settled that an employer has a right to decide in what manner his work has to be arranged, said the Tribunal.
Dismissing the petition filed by Krishan Kumar Rajput and Gajendra Pratap Pal engaged as casual labourers by the Ministry of Environment and Forests though a contractor, the Tribunal said that there may not be regular work available.
"Or there might be any number of reasons, which may justify engagement on contract basis. We are not expected to look into such matters," it said.
ADVERTISEMENT
However on humanitarian grounds the Tribunal asked the Ministry to consider continuation of employment of the petitioners who had been evading the contractor and not responding to his letters.
Download
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
Download
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
ADVERTISEMENT
