Venkataramiah, J. - (1.) These petitions are filed on behalf of persons who are working as 'Daily Rated Casual Labour' in the Posts and Telegraphs Department. The 'Daily Rated Casual Labour' includes three broad categories of workers, namely, unskilled, semi-skilled and skilled. The unskilled labour consists of safai workers, helpers, peons etc. and are mostly engaged in digging, carrying loads and other similar types of work. The semi-skilled labour consists of carpenters, wiremen, draftsmen, A.C. mechanics etc. who have technical experience but do not hold any degree or diploma. The skilled labour consists of labour doing technical work, who hold requisite degrees/diplomas.
(2.) The principal complaint of the petitioners is that even though many of them have been working for the last ten years as casual labourers, the wages paid to them are very low and far less than the salary and allowances paid to the regular employees of the Posts and Telegraphs Department belonging to each of the categories referred to above and secondly no scheme has been prepared by the Union of India to absorb them regularly in its service and consequently they have been denied the benefits, such as increments, pension, leave facilities etc. etc. which are enjoyed by those who have been recruited regularly. They allege that they are being exploited by the Union of India.
(3.) They have produced the order of the Director General, Posts and Telegraphs Department bearing No. 28-11/77-SR/STN dated 15-5-1980 which prescribes the rate or rates of wages payable to the casual labour in the Telecommunication Wing of the Department. The relevant part of the order reads thus: "No. 28-11/77-SR/STN Office of' the Director General Posts and Telegraphs, New Delhi-1, 15-5-1980 To ********** Subject:Increase in rate of daily wages for the casual labour employed in the Telecom. Wing of P and T. The employment of casual labour in the Telecom. Wing, who are working for a reasonably long period, on continuous basis was one of the items under discussion in the P and T Department council (JCM). The potential of absorption of the large force of casual mazdoor in regular grade was limited on the Telecommunication side. As an alternative to regular absorption it was proposed that a wage related to the minimum of the pay scale of Time-Scale Group-D cadre with the benefit of neutralisation for the rise in cost-Index as applicable to regular employees may be effected. 2. The President is now pleased to decide that the rates of daily wages for the casual labour employed in the Telecom. Wing of P and T will be as follows:- (i) Casual labour who has not completed 720 days of service in a period of three years at the rate of 240 days per annum with the Department as on 1-4-80. No change. They will continue to be paid at the approved local rates. (ii) Casual labour who having been working with the Department from 1-4-77 or earlier and have completed 720 days of service as on 1-4-80. Daily wages equal to 75% of 1/30th of the minimum of Group D time Scale plus admissible D.A. (iii) Casual labour who has been working in the Department from 1-4-1975 or earlier and has completed 1200 days of service as on 1-4-1980. Daily wages equal to 1/30th of the minimum of the Group D Time Scale plus 1/30th of the admissible D.A. (iv) All the casual labourers will, however, continue to be employed on daily wages only. (v) These orders for enhanced rates for category (ii) and (iii) above will take effect from 1-5-80. (vi) A review will be carried out every year as on the Ist of April for making officials eligible for wages indicated in paras (ii) and (iii) above. (vii) The above arrangement of enhanced rates of daily wages will be without prejudice to absorption of casual mazdoors against regular vacancies as and when they occur ......................... Sd/- (M. S. Yegneshwaran) Asst. Director General (Stn.)" The above order is followed by another order bearing No. 10-4/83-R dated 26-7-1984 which reads as under:- To All General Managers Telecom. Subject:Increase in rates of daily wages for the casual/semi-skilled/skilled labour. _____________ Sir, The employment of the casual semi-skilled/skilled labour in the Telecom Wing who are working for a reasonably long period, on continuous basis has been engaging the attention of this Directorate for quite sometime past. The potential of absorption of labour of the type in regular grade was limited on the Telecommunication side. As an alternative to regular absorption the need was being felt that wage related to the minimum of the pay scale of semi-skilled/skilled casual labour with the benefit of neutralisation for the rise in cost index as applicable to regular employees may be effected as is at present available to casual un-skilled labour working under the P and T Department. 2. The President is now pleased to decide that the rates of daily wages for the semi- skilled/skilled casual labour employed in the Telecom. Wing of the P and T Department will be as under:- i) Casual semi-skilled/skilled labour who has not completed 720 days of service over a period of three years or more with the department. No change. They will continue to be paid at the approved local rates. ii) Casual semi-skilled/skilled labour who has completed 720 days of service over a period of three years or more. Daily wages equal to 75% of 1/30th of the minimum of the scale of semi-skilled (Rs. 210-270) or skilled (Rs. 260-350) as the case may be, plus admissible DA/ADA thereon. iii) Casual labour who has completed 1200 days of service over a period of 5 years or more. Daily wages equal to 1/30th of the minimum of the pay scale of semi-skilled (Rs. 210-270) skilled (Rs. 260-350) as the case may be, plus DA/ADA admissible thereon. iv) All the casual semi-skilled/skilled labour will, however, continue to be employed on daily wages only. v) These orders for enhanced rates for categories (ii) and (iii) above will take effect from 1-4-1984. vi) A review for making further officials eligible for wages vide (ii) and (iii) above will take effect as on Ist of April every year. (vii) If the rates calculated vide (ii) and (iii) above happen to be less than the approved local rates, payment shall be made as per approved local rates for above categories of labour. viii) The above arrangements of enhanced rates of daily wages will be without prejudice to absorption of casual semi-skilled/skilled labour against regular vacancies as and when they occur. ix) The benefit of increased rates of daily wages will not be admissible to the casual semi-skilled/skilled labour in whose case the continuous spells of duty are intervened by a period of more than six months. The absence of more than six months may, however, be condoned by the Divisional Engineer on one of the two grounds namely, prolonged illness on production of medical certificates or non-employment due to non- availability of work. In the case of absence beyond six months at a time on account of illness for the past years, the production of medical certificate may not be insisted upon and the period of break may be condoned if the Divisional Engineer is satisfied about the genuineness of the absence ............;