Committee-cleared regularization claims of daily-rated workers must be decided by reasoned orders.

The 39 applicants stated that they had been engaged as daily-rated workers in the Rural Development Department from various dates beginning in 1986, 1992 and 1994, and had continued working and receiving wages.

They relied on the Director, Rural Development Department Kashmir’s communication dated 29 March 2022, which listed their cases among those cleared by the Empowered Committee for regularization.

Although some other workers had been regularized, the applicants had not been.

They sought regularization and consequential service benefits. At the hearing, their counsel stated that they would be satisfied with disposal of the OA in light of the communication.

Whether the respondents should be directed to consider and decide the applicants’ regularization cases in light of the Empowered Committee’s communication dated 29 March 2022.

Whether the Tribunal should determine the applicants’ substantive entitlement to regularization and consequential benefits at this stage.

The Tribunal cited no statute, regulation, or precedent and did not determine any substantive legal rule governing regularization.

It issued a case-specific direction requiring the respondents to consider the applicants’ claims and pass a reasoned and speaking order, taking account of the pleadings and the communication dated 29 March 2022.

The applicants relied on the Empowered Committee’s clearance of their cases, while the Tribunal noted counsel’s request to dispose of the OA in light of that communication.

Rather than deciding whether the applicants were legally entitled to regularization or consequential benefits, the Tribunal directed the respondents to consider and decide their cases by a reasoned and speaking order. It expressly left the merits open.

It made no finding on the merits and awarded no costs.