Long-serving casual labourers performing regular duties must receive 1/30th minimum pay plus DA and be considered for regularization.

The applicant’s husband was working as a casual labourer in the Archaeological Survey of India and had been granted temporary status under the DoPT Office Memorandum dated 10 September 1993. He died while in service on 21/22 April 2002. Thereafter, the applicant was engaged by the respondents as a casual worker on daily wages with effect from 18 August 2002 on humanitarian grounds.

The applicant repeatedly sought regular appointment. Her earlier applications, including OA Nos. 808 of 2006, 832 of 2007 and 839 of 2008, resulted in directions to the respondents to consider her representations and her claim for regularization or accommodation against a Group C or Group D post. Pursuant to the order dated 8 October 2012 in OA No. 839 of 2008, the Superintending Archaeologist forwarded her case to the Director General, Archaeological Survey of India, but no approval was granted.

In the present proceedings, the applicant asserted that she had continuously worked for more than 20 years, for eight hours per day, performing duties comparable to those of regular Group D/MTS employees. She consequently claimed wages at the rate of 1/30th of the minimum of the relevant pay scale plus dearness allowance, and consideration for regularization or regular appointment.

The respondents contended that she had only been engaged as a casual worker on compassionate or humanitarian grounds and that neither she nor her deceased husband had held a regular post.

1. Whether the applicant, having worked continuously as a casual labourer for more than 20 years and allegedly performed duties similar to regular Group D/MTS employees, was entitled to wages at the rate of 1/30th of the minimum pay scale plus DA, subject to verification of the nature of work.

2. Whether the respondents were required to consider the applicant’s case for regularization or regular appointment against an available Group D/MTS vacancy in accordance with the applicable rules.

The Tribunal applied the DoPT Office Memorandum dated 10 September 1993 concerning the grant of temporary status to eligible casual labourers.

The Tribunal relied upon the DoPT Office Memorandum dated 4 September 2019 regarding the entitlement of eligible casual workers to wages at the rate of 1/30th of the minimum of the relevant pay scale plus DA, subject to the prescribed conditions.

It also considered the respondents’ Office Order No. 183/2022-Admin-I dated 22 June 2023 concerning the same wage benefit.

Following its earlier decision in OA No. 531 of 2023, the Tribunal held that casual labourers performing duties similar to regular Group D/MTS employees for full working hours could not be denied equal treatment merely because they were described as daily wagers or part-time workers; such differential treatment may violate Articles 14 and 16 of the Constitution.

Regularization or regular appointment, however, was to be considered only against an available vacancy and in accordance with the applicable recruitment rules.

The Tribunal found that the applicant’s long and continuous engagement was supported by duty charts and attendance sheets and that she had claimed to work full-time for more than 20 years.

It treated the reasoning in OA No. 531 of 2023 as applicable because the factual circumstances were materially similar: in both cases, the deceased husband had temporary status, the widow was subsequently engaged as a casual labourer, and she rendered prolonged service in the department.

Applying the DoPT framework, the Tribunal directed payment at the rate of 1/30th of the minimum pay scale plus DA, but appropriately made the direction conditional upon verification that the nature of work entrusted to the applicant was the same as that performed by regular employees.

The Tribunal separately directed consideration of regularization or regular appointment, rather than granting automatic regularization, and made that relief subject to the existence of an available Group D/MTS vacancy and compliance with the applicable rules.

The respondents were directed to grant the applicant wages at the rate of 1/30th of the minimum pay scale plus DA and other admissible benefits under the relevant DoPT instructions, after verifying that she performed work of the same nature as regular employees.

They were further directed to consider her case for regularization or regular appointment against an available Group D/MTS vacancy in accordance with the rules, within three months from receipt of the certified copy of the order.

The associated miscellaneous applications were disposed of and there was no order as to costs.