Debangsu Basak,J. - (1.) The petitioners have sought a direction upon the authorities to grant the benefit of 1/30th pay of the minimum of the relevant pay scale plus dearness allowances in terms of the Office Memorandum dated June 7, 1988 to all Daily Rated Employees working under the respondent no.5 on and from the date of their initial engagement.
(2.) Learned advocate appearing for the petitioner has submitted that, first petitioner is a Trade Union Organisation and in championing the causes of Daily Rated Workers in the Union Territory of Andaman and Nicobar Islands. The Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) by a Office Memorandum dated June 7, 1988 provided that the Daily Rated Workers who are discharging similar nature of duties and responsibilities at par with the regular employees should be paid 1/30th of the minimum of the relevant pay scale plus the dearness allowances. Such Office Memorandum dated June 7, 1988 was circulated by the respondent no.2 to all the heads of the departments/offices under the Andaman and Nicobar Administration. They were directed to follow the same with regard to casual workers on daily wages. Thereafter, the casual workers not receiving benefits under the Office Memoranda dated June 7, 1988 or the circular dated October 11, 2000, the petitioners raised an issue with regard thereto with the respondent no.3 by a letter dated January 24, 2011. The respondent no.3 by a letter dated February 4, 2011, communicated to all the heads of the offices under the Andaman and Nicobar Administration to act in terms of the Office Memorandum dated June 7, 1988. Despite such communication to the heads of the offices under the Andaman and Nicobar Administration, the members of the first petitioner were not receiving payments in terms of the Office Memorandum dated June 7, 1988. The first petitioner thereafter filed a conciliation proceeding before the conciliation officer. During the pendency of the conciliation proceedings by a writing dated August 18, 2011, the respondent no.5 requested the Joint Secretary (Public Works Department) Andaman and Nicobar Administration to obtain approval of the competent authority for implementation of the payment in terms of the Office Memorandum dated June 7, 1988. Moreover, during the pendency of the conciliation proceeding, the Labour Department referred the matter to the District Legal Services Authority in the National Lok Adalat which was registered pre-litigation case no. 156 of 2016. No settlement was arrived at and the same was reported by National Lok Adalat by its order dated April 9, 2016. Thereafter, the petitioners took up the matter with the respondent no.5 by a letter dated April 5, 2016. Once again conciliation proceeding were initiated. In the conciliation proceeding, on August 10, 2016, the respondent no.5 assured that a final decision would be taken within a month. Thereafter, by a Office Memorandum dated September 22, 2017, the respondent no. 3 passed an order in derogation with the Office Memorandum dated June 7, 1988. By the impugned Office Memorandum dated September 22, 2017, payment was directed to be made to Daily Rated Workers at the enhanced wages payable with effect from September 1, 2017. He has submitted that, the impugned Office Memorandum dated September 22, 2017 is contrary to the Office Memorandum dated June 7, 1988. Moreover, the authorities cannot make a distinction between casual worker engaged in respect of a sanctioned post and a casual worker engaged for work of a post which was not a sanctioned. He therefore seeks a direction that the authorities follow the Office Memorandum dated June 7, 1988 by paying the Daily Rated Casual Workers.
(3.) The respondent nos. 1, 2, 4 and 5 have contested the present writ petition by filing an affidavit. Learned advocate appearing for the respondent nos. 1, 2, 4 and 5 has submitted that, the petitioners are seeking a relief in terms of Office Memorandum dated June 7, 1988 when none of the Daily Rated Mazdoor presently working in Andaman Public Works Department were engaged on or before June 7, 1988. According to him the Office Memorandum dated June 7, 1988 cannot made applicable to Daily Rated Workers working under the Andaman Public Works Department engaged subsequent to June 7, 1988. Moreover, the Daily Rated Workers were engaged for attending casual and intermediate nature of work with effect from 2000. They were not engaged against any sanctioned post. Therefore, they cannot take the benefit of the Office Memorandum dated June 7, 1988.;