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V.C. Rakhilesh Rathnakaran Vs. Union of India Represented by the Secre ...

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 .....

C.C. Sasikala Vs. the Assistant Superintendent of

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. .....

Mini .K.P Vs. Senior Superintendent of Post Offices and Another

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. .....

Muhammed Sadique K.P. Vs. the Senior Superintendent of Post Offices, C ...

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'. .....

The Management of Vellore Co-operative Sugar Mills Ltd., Rep. by Speci ...

Court : Chennai

Reported in : (2005)IILLJ632Mad

..... records, it is also seen that the special officer has been asked to explain why a person has been properly appointed through the employment exchange for the post of telephone operator and why the second respondent has been engaged off and on, on a daily basis. ..... learned counsel for the petitioner that the second respondent was not appointed in accordance with the provisions of the co-operative societies act and since he had not been notified through the employment exchange, his appointment his irregular and therefore, the question of an illegal termination and consequent reinstatement will not arise. ..... deputy commissioner of labour, madurai], it was held that appointments made without going through the employment exchange is not merely an irregular appointment, but an illegal appointment and that a person illegally appointed does not acquire the status ..... , labour court, salem], employees of the co-operative society had been appointed irregularly and without going through the employment exchange. ..... they were not recruited through the employment exchange or through any other accepted mode ..... regarding appointments made bypassing the employment exchange, thus frustrating the hopes of those who are waiting at the employment exchange for a long time. ..... records, it is seen representations have been made by the second respondent to regularize his services, to which the petitioner has replied that since his name has not been notified through the employment exchange, his request cannot be granted. .....

Kundan S/O Shri Ram Saran Vs. Union of India (Uoi) Through

Court : Central Administrative Tribunal CAT Delhi

..... it is submitted that the respondents are expected to requisition the employment exchange for engaging casual labour again and it has been suggested to the applicant informally to get his name re-sponsored from the employment exchange.the learned counsel for the applicant submits that the law laid down in central welfare board and ors. ..... felt that respondents would not be prejudiced if the matter is disposed of at this stage itself by granting liberty to the applicant to apply for re-engagement as casual labour enclosing therewith such documents as considered necessary as well as the judgment of the apex court in anjali bepari (supra) in support of his case. ..... in para 11 that the scheme of 1993 was not an ongoing scheme and temporary status could be conferred on casual labourers on fulfillment of the conditions in clause 4 thereof which required that they should have been casual labourers in employment as on the date of the commencement of the scheme and should have rendered continuous service as specified therein. ..... it is noticeable that in the present case the applicant does not have a continuous and uninterrupted engagement as casual labour and also that he was engaged on 24.4.2006 and as such the scheme of 1993 would not be applicable ..... it has been claimed that the applicant is eligible for grant of temporary status and regularization as per casual labour (grant of temporary status and regularization) scheme, 1993, as also the law laid down by the patna bench of this tribunal in .....

Smt.Chand Bee Vs. Station Director, All India Radio, Saifabad, Hyderab ...

Court : Central Administrative Tribunal CAT Hyderabad

..... applicant in the post of safaiwala or in any equivalent post on the basis of her seniority by considering her representations dated 13.09.2005 and 10.09.2007 and also challenging the action of the respondent in drawing the candidates from employment exchange without considering her case on par with her juniors as arbitrary, illegal and violative of principles of natural justice and consequently direct the respondents to consider the case of the applicant for regularization in any suitable post ..... , we consider that this is a fit case to direct the respondents to consider the case of the applicant for regularization as and when vacancies arise as she served as casual labourer for more than 23 years since prior to the engagement of smt.lakshmamma whose services are already regularized. ..... the respondents contested the application and filed reply stating that the applicant is only a casual labourer and she is not a government servant and she cannot claim appointment and this tribunal cannot entertain her claim and no fundamental or statutory right of the applicant has been violated and therefore the ..... it is not disputed that sri prabhakar was also engaged as casual labourer along with the applicant through employment exchange, whereas lakshmamma was engaged as casual labourer. ..... the relevant facts in brief are as follows : the applicant is working as casual labourer in the respondents' organization since 1982 after she was duly employed as casual labourer through employment exchange. .....

C-5 Facility and Security Services Vs. Bharat Sanchar Nigam Limited, T ...

Court : Mumbai Nagpur

..... counsel submitted that p and t (audit), nagpur, during audit inspection of bsnl, nagpur, in the month of september/october 2014, raised a query that at koradi exchange and koradi stores if bsnl staff were getting hra at 10% then how hra at 30% rate was being paid to dgr security guards. ..... is submitted that after scrutinising the facts and circular of deputy chief labour commissioner regarding the revised rates of minimum wages, it was noticed that koradi exchange and koradi stores were changed from urban to rural and a separate notification was issued by deputy chief labour commissioner specifying the areas a b c . ..... is the grievance of petitioner that on 17.11.2014 respondent issued a corrigendum and informed the petitioner regarding change in the category of urban to rural area in respect of koradi exchange and csd stores and further mentioned that dgr wages as per area c would be applicable to koradi exchange and csd stores retrospectively, with effect from 1st may 2013. ..... the basis of these notifications, we find substance in the contention of petitioner that koradi exchange and stores being within the distance of 15 kms. ..... petitioner has placed on record notifications dated 18th september, 2008 issued by the ministry of labour and employment and deputy chief labour commissioner (central) nagpur dated 8.10.2014. ..... per the work order, petitioner was required to provide services of 34 security guards to the respondent including the guards in koradi exchange and csd stores. .....

Baroda Acetates Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1993)46ITD556(Ahd.)

..... law in the matter of employment of 10 or more workers initially, assessee is entitled to the deduction under sections 80hh and 80-i which the ito is directed to allow.thus, the cit (appeals) noted that the labour contractor had been examined by the ito and accepted the assessees claim that labour supplied by the labour contractor should be treated as workers in the context of the statutorily laid down condition of employing ten workers or more. ..... assessment year 1984-85) the claim is that labour was supplied by a sister concern for which debit and credit notes were exchanged as late as on 1-12-1983 and that too for supplying labour for just last three months of the ..... he went to the extent of saying that the assessing officer had examined the books of accounts which contained entries in regard to the labour charges to the said ten workers and viewed in this light the papers sought to be produced before the cit (appeals) might not be very strictly ..... with the following narration in assessee's note:- being the amount credited to your account towards the charges for providing team of labour at our factory site at baska from october 1983 to december 1983 as per your debit note no. ..... firstly, these debit and credit notes dated 1-12-1983 are claimed to be exchanged between the assessee and sister concern is supported by actual payment either by ..... some self-serving notes and correspondence claimed to have been exchanged between the assessee and its sister concern were presented for the first time .....

E.K. Vijiny Vs. Union of India, Represented by the Secretary to the Go ...

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. .....