- (1.) Articles 41 and 42 of the Constitution notwithstanding, there are certain grey areas where the rule of hire and fire, a legacy of laissez faire, even in government employment still rules the roost. Casual labour employed on projects also known as 'project casual labour' is one such segment of employment where one may serve for years and remain a daily-rated worker without a weekly off, without any security of service, without the protection of equal pay for equal work. In short at the sweet will and mercy of the local satraps. Even the formidable railwaymen's unions least cared for these helpless and hapless workmen. Suddenly a torrent of Writ Petition and petitions for special leave awakened this court to the plight of these workmen. In quick succession, 48 writ petitions and 32 petitions for special leave flooded this court. In each writ petition/special Leave Petition, the grievance was that even though the workmen styled as 'project casual labour' had put in continuous service for years on end to wit ranging from 1974 Till 1983, yet their services were terminated with impunity under the specious plea that the project on which they were employed has been wound up on its completion and their services were no more needed. No one is unaware of the fact that Railway Ministry has a perspective plan spreading over years nay decades and projects are waiting in queue for execution and yet these workmen were shunted out (to use a cliche from the railway vocabulary) without any chance of being re-employed. Some of them rushed to the court and obtained interim relief. Some were not so fortunate. At one stage some of these petitions were set down for final hearing and the judgment was reserved. When some other similar matters came up, Mr K. C. Bhagat, the then learned Additional Solicitor-General, requested the court not to render the judgment because he would take up the matter with the railway Ministry to find a just and humane solution affecting the livelihood of these unfortunate workmen. As the future of lacs of workmen going under the label of casual project labour was likely to be affected, we repeatedly adjourned these matters to enable the railway Ministry to work out a scientific scheme.
(2.) Railway Ministry framed a scheme and circulated the same amongst others to all the General Managers of Indian Railways including production units as per its circular No. E (NG) 11/84/cl/41 dated 1/06/1984. In the scheme it was stated that all the General managers were directed to implement the decision of the Railway ministry by the target dates. It was further stated that a detailedletter regarding group 5.1 (ii) would follow. Such a letter was issued on Jun 25/06/1984. Thereafter, these matters were set out for examining the fairness and justness of the scheme and whether the court would be in a position to dispose of these petitions in view of the scheme. That is how these matters came up before us.
(3.) The relevant portions of the scheme read as under: 5.1. As a result of such deliberations, the Ministry of railways have now decided in principle that casual labour employed on projects (also known as 'project casual labour') may be treated as temporary on completion of 360 days of continuous employment. The Ministry have decided further as under : (A) These orders will cover : (I) Casual labour on projects who are in service as on 1/01/1984; and (Ii) Casual labour on projects who, though not in service on 1/01/1984, had been in service on railways earlier and had already completed the above prescribed period (360 days) of continuous employment or will complete the said prescribed period of continuous employment on re-engagement in future. (A detailed letter regarding this group follows. ) (B) The decision should be implemented in phases according to the schedule given below: 5.2. The Ministry would like to clarify here that casual labour on projects who have completed 180 days of continuous employment would continue to be entitled to the benefits now admissible to them (so long as they fulfil the conditions in this regard) till they become due for the benefits mentioned in the preceding sub-paragraph.;