LAWS(SC)-1993-2-40

UNION OF INDIA Vs. RAJENDRA KUMAR SHARMA

Decided On February 23, 1993
UNION OF INDIA Appellant
V/S
RAJENDRA KUMAR SHARMA Respondents

JUDGEMENT

(1.) Leave granted. Heard the counsel for the parties.

(2.) The appeal is preferred against the judgment of the Central Administrative Tribunal, Jaipur allowing the original application No. 229 of 1988 filed by the respondent with certain directions.

(3.) The respondent was appointed as a casual labour Peon on September 10, 1986, on daily wages, under the Director, Postal Services, Rajasthan, Eastern Region, Jaipur. He continued as such till May 3, 1988 when his services were terminated. He approached the Tribunal for three reliefs viz., (1) He must be paid even for intervening Saturdays, Sundays and Gazetted holidays at the same rate at which he was paid on the working days. Withholding of salary for such off-days is contrary to the decision of this Court and the orders of the P and T Department. (2) The termination of his service without complying with the requirements of S. 25F of the Industrial Disputes Act is void. Therefore, he must be reinstated with full back wages. (3) His service must be regularised in accordance with the scheme directed to be prepared by this Court in Daily Rated Casual Labour Employed under P. and T. Department v. Union of India, (1988) 1 SCC 122).