Before the Hon'ble Central Administrative Tribunal Hyderabad:

O.A.No.                       OF   2006

Between:

__________________

                                                        Applicant

                                       Versus

__________________

                                                       Respondents

 Application under Section 19 of the Central Administrative Tribunals Act

Respectfully Submits that:

Details of application:

1.        Particulars of Orders Against Which this Application is Made:

             That this application is made against the action, rather inaction of the respondents whereby they are not conferring the temporary status on the applicant wef __, ie; on completion of 206 days in a given calender year and not granting other consequential benefits as prayed for hereinbelow.

             The application is also against the arbitrary and unconstitutional clause in the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993 (A-1).

2.        Jurisdiction of Tribunal:

             That the applicant declares that the subject  matter of this application is within the jurisdiction of this Hon'ble Tribunal and it is competent to issue the directions to the respondents for full compliance.

3.        Limitation:

             That the applicant further declares that the application is within the limitation period as prescribed in section 21 of the Central Administrative Tribunals Act 1985.

4.         Facts of the Case:

 (4.1)   That the applicant submits that he was initially engaged by the respondent department as  ____ wef ____  (A-2 & A-3) in the exigencies of service initially for spell of one months thereafter giving extensions of 29 days and in such manner the applicant has completed more than 206 days in any given year as per the details annexed as Annexure A-4.  It is humbly submitted that the applicant was engaged to perform the duties of regular nature and the applicant was recruited against the existing permanent post.

(4.2)    That ever since the appointment of the applicant, the applicant is performing his duties with the utmost devotion and sincerity to the entire satisfaction of his superior officers.

(4.3)     That it is also pertinent to mention here that the appointment of the applicant is against the permanent sanctioned post and the sanction for the said post is being granted by the competent authority from time to time (A-5).  It is also respectfully submitted that the duties being performed by the applicant are same and similar to the duties of the regular hands.

(4.4)     That with the efflux of time the applicnt has got vested rights to be conferred upon a temporary status in accordance with the rules and regulations and thereafter to be granted consequential benefits as well as to be regularised.

(4.5)     That accordingly the applicant as well as the other similarly situated persons have applied on :______ (A-6) to the respondent department to grant temporary status as well as other consequential benefits.  The said representation of the applicant was further routed to the appropriate authority by the respondent department. (A-7).

(4.6)     That however, the competent authority has turned down the representation of the applicant on :______ (A-8) and other similarly situated persons with the objection that the temporary status could be granted to only those casual workers who were in employment on the date of issue of the OM (A-1).

(4.7)     That it is also pertinent to submi here with that in the meantime some of the similarly situated persons have filed an OA No. :______  titled as :______ Vs :______, wherein this Hon'ble Tribunal was pleased to direct the respondents to consider the representations of the applicants therein.  As such the applicant was also waiting for the outcome of the consideration of the representations of those applicants.

(4.8)     That it is also pertinent to submit herewith that the respondent department has conferred benefits envisaged as under the annexure A-1 to the similarly situated persons at :______ (A-9) and at :______ (A-10).  Thus the applicant can not be discriminated upon in such manner for grant of temporary status as well as the other consequential benefits.

5.        Grounds for Relief:

             That the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, each one of which is without prejudice to and independent of other:

(5.1)     That the clause 3 of the impugned OM (A-1) and the impugned orderA-8 are malafide, arbitrary, discriminatory and issued in utter violation of rules, regulations, and is violative of Article 14 and 16 of the Constitution of India and natural justice.

(5.2)   That the clause 3 of the Scheme (A-1) is arbitrary and unconstitutional and ultravires to the extent it makes the scheme applicable only to those casual labourers who were in employment on the date of issuance of the said scheme, ie; :______..

(5.3)     That the impugned cut-off date is unconstitutional and ultra vires and creates unreasonable classification between the Casual Labourers and has no nexus with the object of granting temporary status to the similarly situated casual labourers so as to avoid their exploitation and unfair labour practice.

(5.4)     That the respondent Union of India has created distinction between the Casual Labourers which is not based on any intelligible differentia which can distinguish Casual Labourers grouped together for the purpose of extending the benefits under the Scheme and has no nexus with the object of stopping unfair labour practice sought to be achieved, by the Scheme of 1993.

(5.5)     That the differentia on which the classification is founded is lacking in rational relation to the object sought to be achieved by the impugned scheme and the order under challenge.

(5.6)     That the impugned clause does not subserve the purpose sought to be achieved.

(5.7)     That the classification in the impugned definition is against well settled principles laid down by the Hon'ble Supreme Court and other Hon'ble High Courts and this Hon'ble Tribunal in catena of cases.

(5.8)     That otherwise also it was incumbent upon the respondents to review and revise theit strength position of regular and permanent employee as the applicant has continued for a considerably long period justifying his regularisation against the regular post which is existing in the respondent department as is clear from A-5.

(5.9)     That the respondent Union of India to is arbitrarily not amending or relaxing the provision of the Clause No. 4 under the provisions of clause No. 11 of the said Scheme, so as to make it applicable to all casual employees/labourers who have been engaged after the date of issuance of this scheme so as to bring the scheme in consonance with the Articles 14 and 16 of the Constitution of India;

(5.10)  That the respondents are estopped due to their own act, deed and conduct. The principle of promissory Estopple applies against the respondents.

(5.11)   That the impugned order of the respondents is  also against the well settled principles laid down by the Hon'ble Supreme Court of India and this Hon'ble Tribunal in catena of cases.

6.        Details of Remedies Exhausted:

          That the applicant has exhausted all the remedies available to him.  Moreover, the matter being of urgent nature, the applicant has no other way but to approach this Hon'ble Tribunal for speedy and efficacious remedy for staying and quashing the impugned order.

7.        Matters not Previously Filed or Pending with any Other Court:

            The applicant further declare that he has not filed any application, writ petition or suit regarding the matter in respect of which this application has been made in any court, other authority or any other Bench of this Hon'ble Tribunal. No such application, writ petition or suit is pending before any of them.

8.        Reliefs Sought:

            That in view of the facts in para 4 above and the grounds in para 5 supra, your Lordship's humble applicant prays for the following reliefs:

(a)        Quash the impugned action of the respondents whereby they are not conferring the temporary status on the applicant wef __, being arbitrary, malafide, discriminatory and illegal;

(b)        Direct the respondents to confer temporary status on the applicant wef __, ie; on which date the applicant has completed more than minimum requisite numbers of days;

(c)        Direct the respondents to pay wages at daily rates with reference to the minimum of the pay scale (including DA, HRA and CCA and taking into account the benefits of increments at the same rate as applicable to a Group D employee for calculating pro-rata wages for every one year of service) for a corresponding regular Group D officials wef __ alongwith arrears and interest thereon @ 18% pa till realisation of the whole payments;

(d)        Direct the respondents grant the leave to the applicants on a pro-rata basis at the rate of one days for every 10 days of work as well as maternity/paternity leave;

(e)        Direct the respondents to treat the applicant at par with the Group D employees wef __ after granting temporary status wef __ and counting three years therefrom; for the purpose of contribution to the General Provident Fund and also pay festival advance etc;

(f)        Direct the respondents to pay productivity linked bonus to the applicant;

(g)        Quash the Clause 3 of the Department of Personnel & Training Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993 to the extent it is made applicable to the casual labourers in employment of the Ministries/Departments of Government of India and their attached and subordinate officers, "on the date of issue of these orders", being arbitrary, irrational and unconstitutional by applying the principle of severability;

(h)        Direct the respondents to regularise the services of the applicant against the regular Group D posts against they are working for considerably long number of years;

(i)         Direct the respondent Union of India to amend or relax the provision of the Clause No. 4 under the provisions of clause No. 11 of the said Scheme, so as to make it applicable to all casual employees/labourers who have been engaged after the date of issuance of this scheme so as to bring the scheme in consonance with the Articles 14 and 16 of the Constitution of India;

(j)         Direct the respondents to produce all the records of the case alongwith their reply for perusal by this Hon'ble Tribunal;

(k)        Allow the cost of this application to the applicant.

(l)         Pass such other orders or reliefs as deemed fit and proper in the facts and circumstances of the case in the favour of the applicant and against the respondent.

          AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.  

9.        Interim Orders:

            No interim orders are being prayed for at this time.

10.       N.A.

11.       Particulars of Postal Order Towards Application Fees:

                    1. Postal Order Nos::______

Dated::______

                    2. Issuing P.O. : :______

                    3. Amount Rs : 50/- [Rs fifty only]

                    4. Payable at: :______

12.   List of Enclosures:

          As per index.

Applicants

______                                                                                    Through Advocate

Verification:

          I, _______, do hereby verify that the contents of paras 1 to 5  are true to my personal knowledge and paras 6 to 12 believed to be true on legal advice and that I have not suppressed any material fact.

          Verified here at Hyderabad this ________

Applicant

Before the Hon'ble Central Administrative Tribunal at Hyderabad

OA.No.                            of 2006

                                                         Applicant 

                                       Versus

                                                       Respondents

Affidavit in support of application under Section 19 of the Central Administrative Tribunal Act 1985.

          I, ______, do hereby solemnly affirm and declare as under :-

1.        That the accompanying application has been prepared under my instructions.

2.        That the contents of paras 1 to 12 of the O.A. are correct and true to the best of my knowledge.

3.         That I further solemnly affirm and declare that this affidavit of mine is true, no part of it is false and nothing material has been concealed therein.

          Affirmed at Hyderabad this the ______ .

Deponent

Before the Hon'ble Central Administrative Tribunal at Hyderabad

OA.No.                           of 2006

                                                         Applicant

                                       Versus

                                                        Respondents

Index

Hyderabad                                                                                                Applicant

_______                                                                                  Through, Advocate

Before the Hon'ble Central Administrative Tribunal Hyderabad

M.A.No.                          of 2006

in

OA.No.                          of 2006 

                                                           Applicants

                                        Versus

                                                            Respondents/Non-applicants

M. A. under Rule 4 (5) (a) of Central Administrative Tribunal  (Procedure) Rules 1987

Respectfully Sheweth:

1.        That the applicants have filed the above mentioned O. A. jointly.

2.        That on perusal of the above O. A. and documents attached therewith it is amply evident that all the applicants have common cause of action and common nature of relief prayed for by them and are desirous of joining in a single application as they have a common interest in the matter.

3.        That interest of justice demands that the applicants are allowed to file the O. A. in the jointly in the interest of justice.

4.        It is therefore, most respectfully prayed that this application may be allowed in the interest of justice and the applicants may be allowed to file the present OA jointly.  Such other orders be also passed as deemed fit and proper in the facts and circumstances of the case.

Hyderabad                                                                                     Applicant

______                                                                                                Through, Advocate

Verification:

          I, ______, do hereby verify that the contents of para 1 to _______ are true on legal advice and that have not suppressed any material fact.

Hyderabad                                                                                                      Applicant

______                                                                                    Through, Advocate

Before the Hon'ble Central Administrative Tribunal Hyderabad

M.A.No.                          of 2006

in

OA.No.                          of 2006 

                                                          Applicant

                                       Versus

                                                            Respondents/Non-applicants

Affidavit in support of M. A. under Rule 4 (5) (a) of Central Administrative Tribunal  (Procedure) Rules 1987

          I, _______, do hereby solemnly affirm and declare as under:-

1.         That I am duly authorised by the other applicants to file the present MA and am fully conversant with the facts of the case.

2.        That the accompanying M. A. has been drafted under my instructions.

3.        That the contents of paras 1 to 4 of the M. A. are correct and true to the best of my knowledge.

4.        That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein.

          Affirmed at Hyderabad this the_______.

                                                              DEPONENT

Before the Hon'ble Central Administrative Tribunal Hyderabad

M.A.No.                          of 2006

in

OA.No.                          of 2006

Between:

                                                          Applicants

                                        Versus

                                                                                             Respondents/Non-applicants

M. A. under Rule 4 (5) (b) of Central Administrative Tribunal (Procedure) Rules 1987

Respectfully Sheweth:

1.         That the applicants have filed the above mentioned O. A. jointly.

2.         That on perusal of the above O. A. and documents attached therewith it is amply evident that all the members of the applicant association have common cause of action and common nature of relief prayed for by them and are desirous of joining in a single application as they have a common interest in the matter.

3.         That interest of justice demands that the applicants are allowed to file the O. A. through their Association in the interest of justice.

4.        It is therefore, most respectfully prayed that this application may be allowed in the interest of justice and the applicants may be allowed to file the present OA through their Association.  Such other orders be also passed as deemed fit and proper in the facts and circumstances of the case.

Hyderabad                                                                                                      Applicant

_______                                                                                  Through, Advocate

Verification:

          I, _______, do hereby verify that the contents of para 1 to _______are true on legal advice and that have not suppressed any material fact.

Hyderabad                                                                      Applicant

_______                                                                                  Through, Advocate

Before the Hon'ble Central Administrative Tribunal Hyderabad

M.A.No.                          of 2006

in

OA.No.                          of 2006 

                                                           Applicant

                                       Versus

                                                            Respondents/Non-applicants

Affidavit in support of M. A. under Rule 4 (5) (b) of Central Administrative Tribunal  (Procedure) Rules 1987

          I, _______, do hereby solemnly affirm and declare as under:-

1.         That I am duly authorised by the other applicants to file the present MA and am fully conversant with the facts of the case.   

2.        That the accompanying M. A. has been drafted under my instructions.

3.        That the contents of paras 1 to 4 of the M. A. are correct and true to the best of my knowledge.

4.         That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein.

  Affirmed at Hyderabad this the_______.

                                                             DEPONENT