Court : Central Administrative Tribunal CAT Ernakulam
..... establishment which are required to be filled by direct recruitment, will be made subject to the following conditions:- (i) no casual labourer not registered with the employment exchange should be appointed to the posts borne on the regular establishment (ii) casual labourers appointed through employment exchange and possessing experience of a minimum of two years' continuous service as casual labour in the office/establishment to which they are so appointed will be eligible for appointment to posts on the regular establishment in ..... following the clarification, the case of the applicants on hand, who had been recruited through employment exchange and worked for more than 15 years, can also be considered for regularisation, if they are ..... that the applicants were recruited through employment exchange and working as casual labourers for the last 15 years without any ..... have obviously violated the standing instructions of the dopt since casual labourers are being engaged in almost all the department, continuously for work ..... by the employment exchange, kavaratti, after due process of selection despite the fact that there was a total ban on recruitment of casual labourers vide dopt om ..... according to the scheme, temporary status would be conferred on all casual labourers in employment on the date of the om who had rendered a continuous service of at least 240 days in one year (annexure r-1(a) according to the procedure two out of every 3 vacancies in group-d cadres in respective office .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... is no reason not to give the benefit of the letter of dg posts dated 06.06.1988 to the applicant who is a part time casual labourer working for about 8 years, although not sponsored by the employment exchange and not given a formal appointment letter in the light of judicial pronouncements in those matters. ..... on facts which are substantially identical, this tribunal in the said case has held that part-time casual labourer who has been continously working for several years should receive preferential treatment in the matter of appointment to the gds post in terms of the dg (posts)' letter dated 6.6.1988 on ..... , it is made obligatory to have the casual labourers sponsored by the employment exchange in order that ultimately the casual labourers who are considered for ed vacancies they might be those who had been initially sponsored by the employment exchange. ..... be ensured that nominations are called for from employment exchange to fill up the vacancies of casual labourers so that ultimately the casual labourers who are considered for ed vacancies have initially been sponsored by employment exchange." 7. ..... dated 06.06.1988 lays emphasise on the point that it should be ensured that nominations are called for from employment exchange to fill up the vacancies of casual labourers so that ultimately the casual labourers who are considered for ed vacancies have initially been sponsored by the employment exchange. ..... neither sponsored by the employment exchange nor appointed as a casual labourer. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... in the case of the applicant neither she has been appointed as casual labour nor she was sponsored by the employment exchange and therefore, her claim for preference in the matter of recruitment to gds cadre relying on annexure a-3 is not sustainable. ..... in our considered view, the letter dated 6.8.88 does not envisaged a comparative evaluation of merit between outsider candidates and service casual labourers and therefore, there is no need for notifying the vacancies to the employment exchange and calling names of candidates once a casual labourer expresses willingness to be considered for posting as an e.d. ..... moreover, no instruction or rule which states that the cases of casual labourers whether part time or full time should be considered along with nominees of the employment exchange for selection as ed agents has been produced." 3. ..... it should be ensured that nominations are called for from employment exchange to fill up the vacancies of casual labourers so that ultimately the casual labourers who are considered for ed vacancies have initially been sponsored by employment exchange." 2. ..... they have further submitted that benefit of preference to casual labourers in the matter of appointment as gds agents, provided in annexure a-3 letter dated 6.6.1988 of dg posts is available only if such casual labourers have initially been sponsored by the employment exchange. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... 627/98, claiming to have applied for selection and appointment to the post of edda, azheekal postoffice along with other candidates sponsored by the employment exchange and apprehending that his candidature may not be considered by the respondents for the reasons that the employment exchange had not included his name in the list of names to be shortlisted, seeking to direct the respondents to consider his name also in the selection along with others sponsored by the ..... in our considered view, the letter dated 6.8.88 does not envisage a comparative evaluation of merit between outsider candidates and serving casual labourers and therefore there is no need for notifying the vacancies to the employment exchange and calling names of candidates once a casual labourer expresses willingness to be considered for posting as an e.d. ..... moreover, no instruction or rule which states that the cases of casual labourers whether part time or full time should be considered along with nominees of the employment exchange for selection as ed agents has been produced.14. ..... it should be ensured that nominations are called for from employment exchanges to fill up the vacancies of casual labourers so that ultimately the casual labourers who are considered for e.d. ..... , the statement in para 4 that casual labourers should be appointed only after getting nominations from the employment exchange would give an indication that the intention was that in case there are willing casual labourers for being recruited as e.d. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... keeping in view the above decisions and the spirit behind the issue of order dated 06-06-1988, we have no hesitation to hold that when casual labourers including part time casual labourers are available in the sub division they should be considered in the first instance, as they belong to preferential class, as held by the apex court in the case of udham singh (supra), and it is only thereafter that selection from ..... in view of the above, this oa is disposed of with a direction to the respondents to consider all the cases of part time or full time casual labourers in the sub division concerned for selection to the post of gdsbpm, porkulam and if the applicant happens to be meritorious out of them, he may be given the appointment as gdsbpm. ..... act, every public employer is duty-bound to notify the vacancies to the employment exchange concerned so as to enable it to sponsor the names of eligible candidates and also advertise the same in the newspapers having wider circulation, employment news bulletins, get announcement made on radio and television and consider all eligible candidates whose names may be forwarded by the employment exchange concerned and/or who may apply pursuant to the advertisement published in the newspapers or ..... it should be ensured that nominations are called for from employment exchange to fill up the vacancies of casual labourers so that ultimately the casual labourers who are considered for ed vacancies have initially sponsored by employment exchange. 12. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the case of the applicant that the husband of the applicant has worked more than 360 days for several years from 1.2.1993 on which date the husband of the applicant was issued with a casual labour card as tv/td/38 and an identity card also has been issued and the husband of the applicant worked up to 1996 in different periods covering more than 362 days and it is proved that the applicant ..... this tribunal by the order dated 7th july, 2001 declaring that the husband of the applicant was entitled to assign temporary status as per the casual labourers (grant of temporary status and regularisation)scheme with effect from 1.4.1994 on which date he had completed one year of casual service with all consequential benefits ..... counsel that as per the order issued by the bsnl, department of telecom service dated 25.9.2000, a copy of which is produced as annexure a10, all the casual labourers not eligible for temporary status as on 1.9.98 were to be discharged forthwith and all employees who have been conferred temporary status have to be regularized. ..... the husband of the applicant was entitled to be regularized with effect from 1.10.2000 in view of the fact that several other casual labourers who have been granted temporary status with effect from 1.10.1995 have been regularized in service with effect from 1.10.2000. ..... however the casual labourers who had been engaged prior to 7.5.85 were exempted from sponsorship by the employment exchange and hence the husband of the applicant filed o.a.no.270 .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... under identical circumstances, this tribunal held that as the applicants in those cases had been permitted to continue as part time casual labour for a long time and had been appointed by the competent authority, the fact that their names were not sponsored by the employment exchange could not be held out to be a valid reason for denying them the benefit of the long service for preference for appointment to ed ..... should be ensured that nominations are called for from employment exchange to fill up the vacancies of casual labourers so that ultimately the casual labourers who are considered for ed vacancies have initially been sponsored by employment exchange." 7. ..... tribunal held that as the applicant had worked as part time casual labourer for a long period, this benefit should not be denied to him solely for the reason that he was not engaged as casual labour through the intervention of the agency of employment exchange. ..... the suggestion has been examined in detail and it has been decided that casual labourers, whether full time or part time, who are willing to be appointed to ed vacancies may be given preference in the matter of recruitment to ed posts, provided they fulfil all the conditions and have put in a minimum service of one ..... the number of vacancies of group 'd' is limited and the number of ed employees eligible for recruitment as group 'd' is comparatively large, the casual labourers and part time casual labourers hardly get any chance of their being absorbed as group 'd'. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the requirement for appointment on regular basis of a part-time casual labour who did not come through the employment exchange is that he should have at least later on registered his name in the employment exchange and must have worked for a minimum of two years since the date ..... just as the respondents had taken the pain of ascertaining the date of registration of the applicant in the employment exchange (vide para 3 of the additional reply), they could well ascertain the same and if there was none (the probability of which appears to be more), the applicant could well be considered for regular appointment in preference to ..... so desired, respondents may seek confirmation from the employment exchange that there is no other registered individuals with more than two years of service as part time casual labourers engaged in any other post office. ..... so desired, respondents may seek confirmation from the employment exchange that there is no other registered individuals with more than two years of service as part time casual labourers engaged in any other post office. ..... doubtful whether there would be any other part time casual labourer, registered under the employment exchange who would have more service in any other post office as a part time casual labourer than the applicant. ..... 2010, it is declared that the applicant does come within the category of part time casual labourer for being considered for regular appointment in accordance with the provisions contained in order dated 06-06-1988 .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... the persons appointed as casual labourers sponsored by the employment exchange have been regularised as peons by the respondents. ..... the applicant joined duty on 01.08.2008 as casual labourer in the national sample survey office (fod), sub regional office, kakkanad, kochi, at a minimum wage of rs. ..... if the work for which the applicant was engaged no longer exists, how it came out has to be explained and what they propose to do if the need for a casual labourer arises in future, in respect of the applicant. 7. ..... the discontinuation of her engagement as casual labourer was by an oral order without assigning any reason whereas the order annexure a-1 engaging her as casual labourer was a written one. ..... the engagement of a casual labourer on daily wages is need based; but the need cannot be at the will and pleasure of the respondents for making appointments displacing one casual labourer with another. ..... the services of the casual labourers are availed on the basis of the requirements at each time. ..... as a casual labourer cannot be substituted by another casual labourer, the respondents are bound to engage the applicant so long as there is work ..... the decision in umadevi's case does not squarely apply to her case as the respondents do not make direct selection to the post of class-iv other than through employment exchange. ..... a casual labourer cannot be substituted by another casual labourer. ..... she was selected on the basis of her performance in the interview on being sponsored by the employment exchange. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... in the affidavit filed by the respondents it was stated that the previous recruitments in the grade of sepoy were made by calling candidates from employment exchange or from eligible casual labourers registered in the employment exchange and accordingly vacancies were filled up. .....
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