KIRAN PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicants, 21 in number, who claim to have been working as Sweeper or Frash have filed this O.A. under Section 19. of the Administrative Tribunals, Act, 1985 with a prayer that the respondents be directed to regularise the services of the applicants and to grant them equal pay for equal work.

(2.) The case of the applicants is that they were engaged for the work of sweeping or as Frash from various dates including two in the year 1993, one in the year 1996 and others in the years 1997, 1998 and 1999. They have alleged that the department has suddenly changed the nature of their employment by treating them as contractual labour though they were directly engaged by the respondents themselves. Their plea is that to give their employment the colour of contractual appointment, the respondents have surreptiously declared some individuals from amongst the applicants and the other similarly placed as Contractors for varying periods by paying a consolidated amounts to the so called contractors to cover the wages of all labour like the applicants. The respondents are pretending that for the year 1999 onwards the applicants are contractor's labour and have no right to be considered for regularisation in the department.

(3.) THE applicants have also taken a plea that they are doing regular nature of work of Group 'D' employees but are not being paid the salary of a Group 'D' employee and instead are being paid on daily rates. THEy claim that their work in all respects is equal to a regular Group 'D' employee and they are entitled to receive regular salary of Group 'D' staff.