Regularise the services of casual labourers by absorbing them against vacant posts of MTS as one time measure – Staff Side NC(JCM)
MINUTES OF THE MEETING OF THE STANDING COMMITTEE HELD BETWEEN THE
STAFF-SIDE, NATIONAL COUNCIL (JOINT CONSULTATIVE MACHINERY) AND THE
OFFICIAL-SIDE UNDER THE CHAIRMANSHIP OF SECRETARY(P) AT 3.00 P.M. ON
S.No. 29 – Regularise the services of casual labourers by absorbing them against vacant posts of MTS as one time measure.
Division had through their letter dated 10.01.2016 clarified that no
such proposal from Ministry of Defence was pending with DoPT and no
scheme on the lines of the scheme of 1993 was under consideration. It
has been further stated that the judgment of the Constitution Bench in
the Uma Devi case bars any regularisation of individuals not selected
through a prescribed selection procedure. Therefore, only those casual
labours may be regularised who are covered under the 1993 scheme.
stated that while the Uma Devi judgment is clear and the instructions
have-been-issued by-DoPT, there are cases where the casual labourers
have not completed 10 years on the date of judgement. The Staff-Side
said that the recruitment procedure adopted while engaging the daily
rated workers was one and the same for regular employment especially
those kept for erstwhile Group-D functions. Therefore, they cannot be
said to be backdoor entrants. This apart, they added that such
recruitment on purely temporary basis was necessitated and initiated due
to the all pervading ban imposed by DoPT in 2001 and continued for
almost nine years. Therefore, they said that it is necessary that the
DoPT should prepare a scheme by which the quality of employment is
maintained as also regularization of persons who have served the
government for such long period of time does take place.
also added that these appointments were against regular and permanent
vacancies and the Supreme Court judgment in the case of Uma Devi does
not debar the government from considering regularization of such cases.
As they were working in Government establishments, their condition needs
to be appreciated.
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