- (1.) These civil appeals are directed against the judgment of the Division bench of the Andhra Pradesh High Court upholding the judgment and order of the learned Single Judge. The appellant is a registered cooperative society under the A. P. Cooperative Societies Act. The appellant organization has been conducting training courses through Telugu Bala Mahila Pragati pranganams, the object being to train the deserted, destitute, economically backward, educated, uneducated and unemployed women. To man the said project, the organization gets funds from different sources and appointed the respondents on a consolidated sum of Rs. 1200 per month way back in the year 1988, which sum was subsequently enhanced to Rs. 2250 per month. But, having served for a fairly long period, the respondents approached the high Court claiming regularization and regular scale of pay, as available to an employee against a civil post of the Government. The learned Single judge, on consideration of several factors including the factor that there is possibility of continuing this project for a fairly long period, issued certain directions. The Division Bench while dismissing the appeal of the appellant, has modified the aforesaid direction. It is this direction, which is under challenge in this appeal.
(2.) During the tendency of this appeal before us, Mr Ram Kumar, learned counsel appearing for the appellant has produced the following Scheme for governing the service conditions of the employees like the respondents: "1.The trades/courses are funded by funds made available by the agencies funding the same and the remuneration of the instructors are to be met from out of these funds. The running of trades/courses and the employment of the Instructors are subject to the availability of these funds and they shall be paid @ Rs. 100 per trainee p. m. subject to a maximum of Rs. 2500 p. m. 2. A seniority list shall be maintained for each trade and course separately. 3. If for lack of funds or as directed by the funding agencies, it becomes necessary to retrench any Instructor, it would be done on the principle of last-come-first-go. 4. Whenever necessity arises to close a particular trade/course, instructors in that particular district would be liable to be shifted to a district where the junior most is working on the principle of first-come- last-go, if it is possible. 5. If all the districts disband any particular course/trade the instructors shall be terminated and if they are suitable to conduct training in other courses/trades due to their skill development or by virtue of their experience in the trade/course, they would be adjusted in other trades/courses with their consent, if possible. 6. The Instructors would be eligible for: (a) maternity leave for 120 days; (b) 15 days' casual leave; (c) 5 days' sick leave with pay;7. The Instructors shall be recommended for sanction of loans under pmry, PMIUPEP and other government-subsidized loaning programmes if the trades/courses are closed. 8. The eligible daughters of Instructors would be selected in training courses and would also be recommended for credit schemes of the government. 9. It would be seen that if the daughters of Instructors are willing to undergo any skill development training available in the Pranganam, they would be selected into it depending upon their qualifications and suitability. 10. The Corporation would provide EPF contribution as long as an instructor is working. "
(3.) On going through the said Scheme, we are of the considered opinion that the Scheme would be beneficial to the respondents. But so far as the question of emoluments is concerned, contained in clause (1) of the Scheme, in modification of the same, we would call upon the appropriate authority to grant a regular scale of pay as it thinks fit for these respondents taking into account their qualification, the service rendered, experience, etc. , within a period of three months from the date of communication of this order and the respondents be communicated accordingly. The respondents would be governed by the aforesaid set of schemes in respect of all other conditions enumerated in the Scheme referred to above.;