DAILY RATED CASUAL LABOUR EMPLOYED UNDER PANDT DEPARTMENT Vs. UNION OF INDIA

JUDGEMENT

(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: