Most Urgent / Contempt Petition Matter

No.C-18013/25/2009-Ad.IIIB
Government of India
Central Board of Indirect Taxes & Customs
***

New Delhi, Dated February 24th 2021

To
Cadre Controlling Authorities under CBIC.
(Kind Attention: In Charge PCC/CC of the CCAs)

Subject: Madras High Court’s Order dated 19.07.2011 in respect of Rita Mary and others-Reg.

Undersigned has been directed to refer to the subject mentioned above and state as follows:

1. It may be recalled that as part of the Government policy to govern and then impose a ban on the engagement of casual workers on daily wages, DoPT vide it’s OMs issued in 1993 and 2006 issued guidelines for regularisation of existing Casual Labourers. The exercise of regularisation in terms of these OMs was effected by formations CBIC from time to time, while also emphasizing strict adherence by field formations to Government’s policy in this regard. A copy of Board’s letter No.A-12034/1/2005-Ad.IIIB 02.05.2005, is herein enclosed for ready reference.

2. However, Madras High court, vide common order dated 19.07.2011, directed CBIC to frame a similar scheme like that of DoPT OM dated 10.09.93, to provide an opportunity to regularise certain Part Time Casual Labourers (PT CLs) subject to eligibility. Having implemented the orders, yet in view of the dismissal of further appeals in Supreme Court, a scheme titled “Part-Time Casual Labourers (Regularisation) Scheme of CBIC 2020” dated 01.01.2020 with partial modifications dated 06.02.2020 (copy enclosed) was framed and extended to respondents / petitioners covered under 5 WPs (WP No. 16733/2009, 16889 / 2009, 11492/2006, 18969 / 2006 and 20664/2011). This was framed as a one-time scheme limited only to the respondents / petitioners covered under above mentioned 5 WPs.

MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

3. Now in view of court directions in another set of 18 WPs filed in Madras High court and contempt petitions filed on the issue, information is urgently required (in the enclosed proforma) regarding Part Time CLs, who have claimed regularization and who fulfil conditions as prescribed. The data in the proforma enclosed should be furnished after duly verifying the eligibility of the claimants, along with certificate regarding correctness of details /documents relied upon and copies of supporting documents.

4. For any eligible Part Time CLs left out, after this exercise, the concerned CCA, will be held responsible for consequential action.

5. Information / data in enclosed proforma is required to be sent to Board within 15 days from the issuance of this letter, including a nil report in case there are no such part time CLs under the CCA.

6. This issues with the approval of Member (Admin)

Encl: As above

Yours faithfully,

(RK Jha)
Deputy Secretary to Government

The post Madras High Court’s Order dated 19.07.2011 in respect of Rita Mary and others appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

No.17-31/2016-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)

Dak Bhawan, Sansad Marg.
New Delhi-110 001

Dated: 30.10.2019

Office Memorandum

    Subject : Implementation of recommendations of Kamlesh Chandra Committee on giving preference to Casual Labourers in selection to GDS posts-reg.

The undersigned is directed to refer to para 14.26 of GDS Committee on giving preference to Casual Labourers in selection to GDS posts. The Committee observed that, the scheme of employing casual labourers is not in vogue from 01.09.1993 onwards and those eligible among those who were selected before 01.09.1993 would have been selected to eligible posts by now. Department has earmarked 25% of vacancies for them for recruitment as Multi Tasking Staff in Post/Mail Offices as per Recruitment Ru1es. The committee is of the view that there is no need to notify GDS vacancies to Casual Labourers as of now. Such a provision will indirectly pave the way for backdoor entry of ineligible candidates to GDS service. Department may examine this aspect.

2. The matter has been examined and following orders are issued:-

(i) As per the scheme for Casual Labourers (Grant of Temporary Status and Regularisation, temporary status is granted to those Casual Labourers who were in employment as on 10.09.1993, subject to fulfillment of certain conditions. Such Casuai Labourers who complete 3 years of service are to be treated at par with temporary MTS employees and are entitled to various benefits viz. leave, holidays, CGEGIS, GPF, Medical aid, LTC etc. and counting of temporary service after regularization for retirement benefits. Further, engagement of Casual Labourers is not permissible after the cutoff date.

(ii) There is already provision in the Recruitment Rules of MTS 2018 issued vide Directorate letter no.37-33/2009-SPB-I dated 27th August 2018 giving preference to Casual Labourers for regularization in service on seniority basis. Department has earmarke d. 25% of vacancies for Casual Labourer. If Casual Labourers are engaged as GDS, there may be a scenario wherein a Casual Labourer, who was about to get regularized as per the Recruitment Rules 2018 of Multi Tasking Staff, may not be considered for regularization as MTS.

(iii) In view of the above, it has been decided by the Competent Authority that, GDS vacancies should not be notified for Casual Labourers from the date of issue of this OM.

3. The above instructions will come into effect from the date of issue of this O.M

4. Hindi version will follow

(SB Vyavahare)
Assistant Director General (GDS/PCC)

The post Kamlesh Chandra Committee on giving preference to Casual Labourers in selection to Gramin Dak Seva posts – DOP order appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

No.49011/2/2017-Estt(C)
Government of India
Ministry of Personnel, PG and Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 19th Feb, 2018

OFFICE MEMORANDUM

Subject: Recommendations of 7th Central Pay Commission – Applicability to the pay scales of Casual Labourers with Temporary status.

The undersigned is directed to say that on the implementation of the recommendations of the 7th Central Pay Commission as per Government of India Notification dated 25th July, 2016, the Casual Labourers with Temporary Status will continue to receive their wages with effect from 01.01.2016 as per provisions of the Casual Labours (Grant of Temporary Status & Regularisation) Scheme, worked out on the basis of the pay scales of Group ‘C’ as per Level 1 of the Pay Matrix recommended by the 7th Central Pay Commission and approved by the Government provided they are matriculate. In case of the similarly placed non- matriculate Casual Labourers with Temporary Status the above benefit of wages w.e.f. 01.01.2016 may he
extended only after imparting the requisite trainin2, by the respective administrative Ministries/ Departments on the lines indicated in the MOF O.M. No. 1/1/2008-IC dated 24.12.2008.

2. This issues with concurrence of M.O.F. I.D. No. 4-17/2017-IC/E.IIIA dated 07.02.2018.

(Sanjiv Kumar)
Deputy Secretary (Estt)
Telefax: 23093176

Copy to:
All Ministries/ Departments of Government of India.

Copy to:
(I) The President’s Secretariat, New Delhi
(II) The Vice- President’s Secretariat, New Delhi
(III) The Prime Minister’s Office, New Delhi
(IV) The Cabinet Secretariat, New Delhi
(V) The Rajya Sabha Secretariat, New Delhi
(VI) The Lok Sabha Secretariat, New Delhi
(VII) The Controller and Auditor General of India, New Delhi
(VIII) The Secretary, Union Public Service Commission
(IX) The Secretary, Staff Selection Commission
(X) All Attached offices under the Ministry of Personnel, Public Grievances and Pensions
(XI) All Officers and Section in the Department of Personnel & Training
(XII) NIC for uploading on the website under OM’s / Orders – *Establishment *Daily Wage Casual labour; and ‘What’s New’
Source : DoPT

The post Recommendations of 7th Central Pay Commission – Applicability to the pay scales of Casual Labourers with Temporary status appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Revision of Minimum Wages payable to Temporary status Casual Labourers

The post Revision of Minimum Wages payable to Temporary status Casual Labourers appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

The Minister of State (I/C) for Youth Affairs and Sports Shri Vijay Goel said in the Lok Sabha today that the minimum wages to the labourers working under the Department of Sports & Youth Affairs of Union Territory (UT) of Lakshadweep has been given as per the rates of daily wages fixed by the Directorate of Labour and Enforcement, UT of Lakshadweep, Kavarati Island. The details are as under:

High Skilled Labourers  – Rs. 275/- + Variable DA (per day); and

Casual Labourers – Rs. 200/- + Variable DA (per day).  

In a written reply he gave the details of funds allocated and released for this purpose during the last three years and the current year:-

I.  Wages paid by the Department of Sports & Youth Affairs:-

II.          Wages paid by the Lakshadweep Island State Sports Council (Running under Department of Sports & Youth Affairs, Kavaratti)

The post Minimum Wages to Labourers appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Dak Bhawan, Sansad Marg,
New Delhi – 110001.
Dated: 12, June, 2017

To,
1. All CPMsG
2. All PMsG
3. Director, Rafi Ahmed Kidwai National postal Academy,
4. All Directors, PTC
5. All Directors, Postal Accounts
6. Controller, Foreign Mails, Mumbai
7. Heads of all other Administrative Offices.

Subject: Leave Entitlement of Casual Labourers with temporary status.

Sir/Madam

Department of Posts had circulated a Scheme viz. Casual Labourers (Grant of Temporary Status and Regularization) Scheme vide Directorate’s letter 45-95/87-SPB-I dated 12.04.1991 which has been amended from time to time.

2. The Directorate has received several representations regarding encashment of accumulated leaves to Casual Labourers with Temporary Status covered under the said Scheme. In this regard, following clarifications are hereby issued in line with DOPT’s Scheme circulated vide its OM No. 51016/2/90 Estt. (C) dated 10.09.1993 and OM No.49014/3/2007-Estt(C) dated 18.10.2007

c) Leave entitlement will be on a pro-rata basis at the rate of one day for every 10 days of work, casual or any other kind of leave, except maternity leave will not be admissible. They will also be allowed to carry forward the leave at their credit on their regularization. They will not be entitled to the benefits of encashment of leave on termination of service for any reason or on their quitting service.

d) The limit on accumulation of total number of leave will be 300 days as in the case of regular Government employees. In other words, Casual Labourers with Temporary Status can accumulate leave up to a maximum of 300 days only.

Yours faithfully,
(Satya Narayana Dash)

Assistant Director General (SPN)

The post Leave Entitlement of Casual Labourers with temporary status appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Speed Post

No.S-33027/3/2016 -WB
Government of India
Ministry of Labour and Employment
(Wage Board Section)

Shram Shakti Bhawan, Rafi Marg,
New Delhi, dated the 02 May, 2017

To,

Shri M.Krishnan,
Secretary General,
Confederation of Central Government Employees & Workers,
1st Floor, North Avenue PO Building, New Delhi.

Subject :- Enhancement of the rate of bonus payable to Casual labourers consequent on enhancement calculation ceiling of bonus for Central Government Employees from Rs.3500/- to Rs.7000/- regarding.

Sir,

I am directed to refer to your letter Reference No. Confdn/Casual Labour/2015-19 dated 29th June, 2016 addressed to Department of Personnel & Training, New Delhi on the subject mentioned above and to inform you on receipt of your request through the Department of Personnel & Training, the case was referred to the Ministry of Finance, Department of Expenditure, New Delhi for taking suitable action, as deemed fit. The matter was duly examined by the Department of Expenditure, Ministry of Finance and has not been agreed to the request.

Yours faithfully,
(SAMIR KUMAR DAS)
Under Secretary to the Government of India

The post Enhancement of the rate of bonus payable to Casual labourers consequent on enhancement calculation ceiling of bonus for Central Government Employees from Rs.3500/- to Rs.7000/ appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

No.s-33027/3/2016-WB
Government of India
Ministry of Labour & Employment
(Wage Board Section)

Shram Shakti Bhawan, Rafi Marg,
New Delhi dated 11 November, 2016.

Office Memorandum

Subject : Enhancement of the rate of bonus payable to Casual labourers consequent on enhancement calculation ceiling of bonus for Central Government Employees from Rs.3500/- to Rs.7000/- regarding.

The undersigned is directed to forward herewith a copy of O.M. No. 49014/1/2016-Estt (C) Dated 2nd November 2016 alongwith the enclosure thereto on the subject mentioned above.

2. Action as deemed fit, may please be taken in this regard under intimation to all concerned.

3. This issues with the approval of Deputy Director General ( c ).

Encl: as above

Sd/-
(Samir Kumar Das)
Under Secretary to the Government of India

Source : confederationhq

The post Enhancement of the rate of bonus payable to Casual labourers consequent on enhancement calculation ceiling of bonus for Central Government Employees from Rs.3500 to Rs.7000 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Subject: Casual Labourers with temporary Status – Clarification regarding contribution to GPF and Pension under the Old Pension Scheme.

Sir,

I am directed to refer to this Department’s letter no.01-07/2016-SPB-I dated 22.07.2016 on the above cited subject and say that following clarifications are hereby issued in respect of Casual Labourers in the Postal Department in line with DOP&T OM No.49014/2/2014-Estt(c) dated 28.07.2016:

(a) The Department’s letter No.01-07/2016-SPB-I dated 22.07.2016 restores the provisions of the scheme as it existed prior to this Department’s letter No.45-6/2005-SPB-I dated 02.09.2005. The benefit of GPF and Old Pension Scheme is applicable to all those Casual Labourers who are covered under the Casual Labourers (Grant of Temporary Status and Regularization) Scheme issued vide letter No.45-95/87-SPB-I dated 12.04.1991 even if they have been regularized on or after 01-01-2004.

(b) As the benefit of Old Pension Scheme and GPF is applicable to only those casual workers who are covered under the above stated scheme of 1991, all the circles may strictly ensure that it does not lead to demand by regularly recruited fresh employees appointed on or after 01.01.2004 for similar benefit in place of NPS.

Source: Department of Posts [Click here]

The post Casual Labourers with temporary Status in Deptt of Post, Clarification regarding GPF and Old Pension Scheme appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

North Block, New Delhi,
Dated the 28th July, 2016

OFFICE MEMORANDUM

Subject: Casual labourers with temporary status — clarification regarding contribution of GPF and Pension under the Old Pension Scheme.

The undersigned is directed to refer to this Department’s OM of even number dated 26thFebruary, 2016 on the above subject and to say that some references have been received in this Department from various Ministries/Departments seeking a clarification with regard to the Para 7 of the referred OM.

2. The OM was issued in consultation with Department of Expenditure and the Department of Pension and PW. It was clarified vide that OM that this Department’s 0.M dated 26thApril, 2004 had been quashed in a series of Orders/Judgements. The OM dated 26thFebruary, 2016 restores the provisions of the Scheme as it existed prior to the OM dated 26thApril, 2004. The benefit of GPF and Old Pension Scheme is applicable to all those casual labourers who are covered under the Scheme of the 10thSeptember, 1993 even if they have been regularized on or after 01/01/2004.

3. As the benefit of Old Pension Scheme and GPF is admissible only to those Casual workers who are covered under the Scheme of 1993, all Ministries/ Department may strictly ensure that it does not lead to demand by regularly recruited fresh employees appointed on or after 1.1.2004for similar benefit in place of NPS.

4. This issues with the concurrence of Department of Expenditure vide their I.D.No.1(15)/E-V/2015 dated 27.07.2016

(Mukesh Chaturvedi)
Director(E)

To
All Ministries/Departments.

DoPT Order

The post Casual labourers with temporary status — clarification regarding contribution of GPF and Pension under the Old Pension Scheme appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.