Supreme Court of India
UNION OF INDIA AND ORS.versusVARTAK LABOUR UNION
- Citation
- 2011 INSC 182
- Decided
- 4 March 2011
- Disposal
- Appeal(s) allowed
- Bench
- D K JAIN
Holding
The Office Memo is not a final scheme and cannot be treated as an enforceable right; casual workers are not entitled to regularisation absent a proper statutory scheme, and the High Court’s directions are set aside.
Summary
The Vartak Labour Union, representing casual workers of the Border Roads Organisation (BRO), sought a writ directing the Union of India to regularise its members who had worked for up to forty years. The Gauhati High Court, relying on a 2001 Office Memo, ordered regularisation, which was later modified and upheld by a Division Bench. On appeal, the Supreme Court examined whether the Office Memo constituted a final, enforceable scheme and whether casual workers could be regularised absent a statutory recruitment process. The Court held that the Memo was merely an inter‑departmental communication, not a sanctioned scheme, and that casual employment terminates when discontinued; therefore, length of service alone does not create a right to regularisation. Consequently, the High Court’s directions were set aside, and the appeals were allowed. The Court suggested that the Union of India consider enacting an appropriate regulation for regularising such workers.
Issues considered
- Whether the Office Memo dated 2 February 2001 is a final, legally enforceable scheme for regularisation of BRO casual workers or merely an inter‑departmental communication.
- Whether a court can direct the regularisation of casual employees in the absence of a scheme approved under the relevant recruitment rules.
- Whether casual workers, despite long periods of service, are entitled to regularisation under Articles 14, 16 and 21 of the Constitution.
Subjects
regularisationcasual labourinter‑departmental communicationadministrative lawemployment lawBorder Roads Organisationpolicy schemeconstitutional rightsArticles 14, 16, 21
Judgment
• [2011] 4 S.C.R. 509
UNION OF INDIA AND ORS. · A
V.
VARTAK LABOUR UNION
(Civil Appeal Nos.2129-2130 of 2004)
MARCH 4, 2011
B
[D.K. JAIN AND H.L. DATIU, JJ.]
Labour Law:
Regularization - Border Roads Organization (BRO) - c
Respondent-trade union filed writ petition seeking
regularization of casual labourers employed by BRO - High
Court directed appellant No. 1 to regularize such casual
workers on basis of an Office Memo, purportedly issued by
the appellants - Direction challenged - Held: The High Court 0
erroneously construed the said Office memo as an approved
scheme for absorption and regularization of the casual
workers - The said Office Memo was merely in the nature of
an inter-department communication between the Border
Roads Development Board headquarters and its officials - E
Claim for regularization of casual workers; merely because
they had been working for BRO for a considerable period of
time, cannot be granted - Casual employment terminates
when the same is discontinued, and merely because a
temporary or casual worker was engaged beyond the period
of his employment, he would not be entitled to be absorbed F
in regular service or made permanent, if the original
appointment was not in terms of the process envisaged by the
relevant rules.
Regularisation - Casual workers engaged by Border G
Roads Organization (BRO) for thirty to forty years, with short
breaks - Need for appropriate regulation/scheme - Union of
India to consider enacting an appropriate regulation/scheme
509 H
510 SUPREME COURT REPORTS [2011] 4 S.C.R. •
A for absorption and regularization of the services of the casual
workers engaged by BRO.
Administrative Law - Administrative policy - Inter-
departmental communications and notings in departmental
8 files - Held: Do not have the sanction of law and do not create
a legally enforceable right.
The respondent, a registered trade union comprising
of casual workers employed by the Border Roads
Organization (BRO), filed writ petition before the High
C Court praying for issuance of a writ, inter-alia, directing ·
appellant No.1 viz. Union of India to regularize the
services of the members of the respondent. A Single
Judge of the High Court allowed the writ petition, and
directed appellant No.1 to regularize the services of the
D members of the respondent who had been in service for
more than five years. In writ appeal, the Division Bench
of the High Court modified the order of the Single Judge
on the basis of circular dated 25th May, 1988 issued by
D.C' G. (P&V), for and on behalf of the Director General
E Border Roads, New Delhi to all Chief Engineers for
consideration of regularizat •.ln of casually paid labourers
employed by the BRO. Aggrieved by the directions of the
Division Bench, the appellants preferred appeal before
this Court. This Court remanded the matter back to the
F Division Bench.
During the course of fresh hearing of the writ appeal
before the Division Bench, the Central Government
counsel on behalf of the appellants stated that pursuant
to circular dated 25th May 1988, the appellants had
G framed a scheme vide Office Memo No.Sectt. BRDB ID
No. BRDB/04(90)/99-GE-11 dated 2nd February, 2001, for
the welfare of casually paid employees. Upon perusal of
the scheme and recording the satisfaction of the counsel
appearing for the respondent-Union, the Court observed
H
• UNION OF INDIA AND ORS. v. VARTAK LABOUR
UNION
511
that the scheme had been framed on a rational basis. A
Accordingly, disposing of the writ appeal on the basis of
the said office memo, the Division Bench directed
appellant no.1 to regularize the services of the members
of the respondent Union, employed by BRO, as
postulated in Office Memo No. Sectt. BRDB ID No. BRDB/ B
04(90)/99-GE-11 dated 2nd February, 2001. Review
application filed by the appellants was dismissed.
In the instant appeals, the question which arose for
consideration were: 1) whether the office memo dated C
2nd February, 2001 was merely in the nature of an inter-
. departmental communication between the Border Roads
Development Board headquarters and its officials and the
High Court erred in treating such communication as a
final scheme for regularization of the casual labourers
and 2) whether formulation of any scheme for D
regularisation being a matter of policy, it is not within the
domain of the Court to direct regularisation of temporary
appointees de hors the recruitment rules.
Allowing the appeals, the Court E
HELD:1. It is trite that inter-departmental
communications and notings in departmental files do not
have the sanction of1 law, creating a legally enforceable
right. The Division Bench of the High Court erroneously
construed the Office memo dated 2nd February, 2001 as F
an approved scheme for absorption and regularization of
the casual workers. It is manifest from a bare reading of
the said memo that it was merely in the nature of an inter-
departmental communication between the Border Roads
Development Board headquarters and its officials. There G
is no substance in the stand of the respondent that the
appellants are withholding the approved scheme from
this Court. The plea of the respondent that a final scheme
did come into existence on 2nd February 2001, stands
H
512 SUPREME COURT REPORTS [2011] 4 S.C.R. •
A belied from the letter of the Border Roads Development
Board dated 22nd July 2002. [Paras 13, 14) (519-C-E; 520-
B-C]
Sethi Auto Service Station & Anr. Vs. Delhi Development
B Authority & Ors. (2009) 1 SCC 180; Jasbir Singh Chhabra &
Ors. Vs. State of Punjab & Ors. (2010) 4 SCC 192 - relied
on.
Indian Drugs & Pharmaceuticals Ltd. Vs. Workmen,
Indian Drugs & Pharmaceuticals Ltd. (2007) 1 SCC 408; R.
C Viswan & Ors. Vs. Union of India & Ors. (1983) 3 SCC 401 -
referred to.
2. The respondent Union's claim for regularization of
its members merely because they have been working for
D BRO for a considerable period of time cannot be granted
in light of several decisions of this Court, wherein it has
been consistently held that casual employment
terminates when the same is discontinued, and merely
because a temporary or casual worker has been
E engaged beyond the period of his employment, he would
not be entitled to be absorbed in regular service or made
permanent, if the original appointment was not in terms
of the process envisaged by the relevant rules. In light
of the settled legal position and on a conspectus of the
factual scenario, the impugned directions by the High
F Court cannot be sustained. These are set aside
accordingly. (Paras 16, 19) [521-A-B; 523-A-B]
Secretary, State ofKarnataka & Ors. Vs. Umadevi (3) &
Ors. (2006)4 SCC 1; Official Liquidator Vs. Dayanand & Ors.
G 2008) 10 SCC 1; State of Karnataka & Ors. Vs. Ganapathi
Chaya Nayak & Ors. (2010) 3 SCC 115; Union of India & Anr.
Vs. Kartick Chandra Monda/ & Anr.; Satya Prakash & Ors. Vs.
State of Bihar & Ors. (2010) 4 SCC 179; Rameshwar Dayal
Vs. Indian Railway Construction Company Umited & Ors.
H (201 O) 11 sec 733 - relied on.
• UNION OF INDIA AND ORS. v. VARTAK LABOUR
UNION
513
3. The conduct of the appellants in engaging casual A
workers for a period of less than six months, and giving
them artificial breaks so as to ensure that they do not
become eligible for permanent status, does not behove
the Union of India and its instrumentalities, which are
supposed to be model employers. Therefore, in the facts B
and circumstances of the instant case. where members
of the respondent Union have been employed in terms
of the Regulations and have been consistently engaged
in service for the past thirty to forty years, of course with
short breaks, this Court feels, the Union of India would c
consider enacting an appropriate regulation/scheme for
absorption and regularization of the services of the
casual workers engaged by BRO for execution of its on-
going projects. [Paras 20 and 21] [523-B-C; 524-A-B]
Case Law Reference: D
c2001) 1 sec 408 referred to Para 11
(1983) 3 sec 401 referred to Para 12
(2009) 1 sec 100 relied on Para 14 E
(2010) 4 sec 192 relied on Para 15
c2006) 4 sec 1 relied on Paras 16,17,18
(2008) 1o sec 1 relied on Paras 16,18
F
(2010) 3 sec 11s relied on Para 16
(201 O) 4 sec 119 relied on Para 16
(201 O) 11 sec 733 relied on Para 16
G
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.
2129-2930 of 2004.
From the Judgment & Order dated 27.3.2001 of the High
Court of Guwahati In Writ Appeal No. 548 of 1996 and order
dated 22.1.2003 in RP. No. 25 of 2001. H
514 SUPREME COURT REPORTS (2011) 4 S.C.R.
•
A Vivek Tankha, ASG, T.S. Doabia, Rashmi Malhotra,
Vaibhav Srivastava, D.S. Mahra, Anil Katiyar, B. Krishna
Prasad for the Appellants.
Dr..Krishan Singh Chauhan, Tej Singh, Varun, Ajit Kumar
B Ekka, Kartar Singh, lrshad Ahmad for the Respondent.
The Judgment of the Court was delivered by
D.K. JAIN, J. 1. Challenge in these appeals, by special
leave, is to the judgments and orders dated 27th March, 2001 .,
C and 22nd January, 2003 delivered by a Division Bench of the
Gauhati High Court at Guwahati in Writ Appeal No. 548of1996
whereby it has directed appellant No.1 viz. Union of India to
regularize the services of the members of the respondent Union,
employed by the Border Roads Organization (for short the
D "BRO"), as postulated in Office Memo No. Sectt. BRDB ID No.
BRDB/04(90)/99-GE-ll dated 2nd February, 2001. Appellants
No. 2 to 17 are the functionaries of appellant No. 1.
2. Shorn of unnecessary details, the facts essential for
adjudication of the present appeals may be stated as follows:
E
The respondent is a registered trade union comprising of
casual workers employed by the BRO, in terms of paragraph
503 of the Border Road Regulations (for short "the
Regulations"), some of whom have been working with the BRO
F for the last thirty years. In the year 1993, the respondent filed a
writ petition before the Gauhati High Court praying for issuance
of a writ, inter-alia, directing appellant No.1 to regularize the
services of the members of the respondent.
3. Vide judgment dated 27th August, 1996, the High Court
G allowed the writ petition, and directed appellant No.1 to
regularize the services of the members of the respondent who
have been in service for more than five years, within six months
of the date of order.
H
• UNION OF INDIA AND ORS. v. VARTAK LABOUR
UNION [D.K. JAIN, J.]
515
4. Being aggrieved, appellants filed a writ appeal before A
a Division Bench of the Gauhati High Court. The Division
Bench, while partly allowing the appeal, modified the order of
the Single Judge on the basis of a circular dated 25th May,
1988 issued by one Brig. S.K. Mehta, D.D.G. (P&V), for and
on behalf of the Director General Border Roads, New Delhi to B
all Chief Engineers for consideration of regularization of casually
paid labourers employed by the B,RO. The Division Bench held
that: ·
"There shall be a writ of mandamus issued to the appellant C
herein with a direction to consider the case of these
employees who are working in the above Organization/
Institution who have put in more than 5 (five) years and
above period of service for the purpose of regularization
of their service in the light of the Circular referred to above
keeping in view of the requirements of Articles 14, 15 and D
16 for the purpose of maintaining the reservation Policy
followed by the Govt. of India.
In so far as the casual labourers working in the
organization/Institution are concerned, they shall continue E
to work till they attain the eligibility coming within the
purview of the Circular for being considered."
5. At this juncture, it would be expedient and useful to
extract relevant portions of the said circular, which read as
follows:
F
"REGULARISATION OF CASUALLY PAID LABOURERS
EMPLOYED IN BORDER ROADS ORGANIZATION-
CONSTITUTION OF BOARD OF OFFICERS TO
EXAMINE THE PROBLEtl(lS. G
1. Border Roads Organisation has been employing a
large number of Casual Labourers for the past 28 years.
There have been cases where Labour Unions have been
formed though not recognized by us, as also there have H
516 SUPREME COURT REPORTS [2011] 4 S.C.R.
•
A been demands for their regularization. A large number of
Court cases are also pending, connected with this issue.
2. Ministry of Surface Transport (BRDB) has offered a
Board of Officers to examine various aspects. The terms
of reference of the Board are at appendix 'A'.
B
3. Before the Board examines the terms of reference as
also other connected aspects, certain data is required
from the Projects which is discussed in the succeeding
paragraphs.
c
7. It may be appreciated that the recommendations of the
Board of Officers have far reaching consequences. Your
views and suggestions are, therefore should be deliberate
D and keeping in view the long term implications of the
suggestions made. CEs are therefore, requested to kindly
give personal thought to these problems and make their
recommendations accordingly.
E 8. We would expect your reply by 20 June 88 positively."
6. Being aggrieved by the directions of the Division Bench,
the appellants preferred an appeal, by special leave, before this
Court. Vide order dated 19th February, 1999, this Court, while
F allowing the appeal and remanding the matter back to the
Division Bench, observed thus:
"It appears that there was some bona fide
misunderstanding by learned counsel who appeared
before the Division Bench on behalf of the appellants. Even
G that apart, the Circular dated 25.05.1988 on which reliance
was placed requires a closer scrutiny of the Division Bench
of the High Court. This was unfortunately not done because
of the aforesaid misunderstanding. Hence, without
expressing any opinion on the merits of the controversy
H
• UNION OF INDIA AND ORS. v. VARTAK LABOUR
UNION [D.K. JAIN, J.]
517
between the parties, we deem it fit in the interest of justice A
to allow this appeal and set aside the order of the Division
Bench."
7. During the course of fresh hearing of the writ appeal
before the Division Bench, senior Central Government standing B
counsel appearing on behalf of the appellants stated that
pursuant to circular dated 25th May 1988, the appellants had
framed a scheme vide Office Memo No. Sectt. BRDB ID No.
BRDB/04(90)/99-GE-ll dated 2nd February, 2001, for the
welfare of casually paid employees. Upon perusal of the
scheme and recording the satisfaction of the counsel appearing C
for the respondent-Union, the Court observed that the scheme
had been framed on a rational basis. Accordingly, disposing
of the writ appeal on the basis of the said office memo, the
Division Bench directed the appellants to implement the said
office memo dated 2nd February, 2001. D
8. Still being aggrieved, the appellants preferred a review
application before the High Court. Vide the impugned order,
the Division Bench declined to entertain the said application.
E
9. Hence, the present appeals against the main judgment
and the order in review.
10. We have heard learned counsel for parties and
perused the documents/circulars referred to and relied upon by_
the High Court as also some office notings produced before F
us by learned counsel appearing for the appellants.
11. Mr. Vivek Tankha, the learned Additional Solicitor
General of India, strenuously urged that the High Court
committed serious error in law in treating communication dated G
2nd February 2001, as a final scheme framed for regularization
of the casual labourers engaged by BRO for a maximum period
of 6 months at a time. According to the learned counsel, it is
evident from communication dated 2nd February 2001, that as
on that date the Border Roads Development Board was still in H
518 SUPREME COURT REPORTS [2011] 4 S.C.R.
A the process. of collecting information from other departments
of the Central Government, particularly from the Railways for the
purpose of examining if any of such schemes could be adopted
in the BRO. In support of his stand that so far no scheme for
absorption or regularization of casual labourers had been
B devised, learned counsel placed before us some
correspondence exchanged between the Headquarters of the
Border Roads Development Board and the office of the
Director General Border Roads, which shows that in view of
the guidelines issued by the DOPT, it has not been possible
c to frame and implement any policy or scheme for regularization
of muster roll working in BRO. It was asserted that circular
dated 25th May 1988, on which emphasis is laid on behalf of
the respondent, was merely a proposal which has been
misconstrued by the High Court as a scheme. It was urged that
D the proposals or suggestions by the field officers in favour of
the respondent Union did not result in creating any enforceable
right in their favour. Placing reliance on the decision of this Court
in Indian Drugs & Pharmaceuticals Ltd. Vs. Workmen, Indian
Drugs & Pharmaceuticals Ltd. 1, learned counsel submitted that
E formulation of any scheme for regularization being a matter of
policy, it is not within the domain of the court to direct
regularization of temporary appointees in the absence or
dehors the recruitment rules.
12. Per contra, Dr. K.S. Chauhan, in his written
F submissions, has submitted that even if it is assumed that there
is no approved proposal or scheme for regularization of the
casual labourers, on the touchstone of Articles 14, 16 and 21
of the Constitution of India, this Court is empowered to examine
whether the action of the appellants is not opposed to principles
G of reasonableness evolved by this Court, as the casual
labourers have been working with BRO for the last twenty to
thirty years. It is alleged that the appellants are intentionally
withholding the scheme dated 2nd February 2001 and,
therefore, an adverse inference must be drawn against them.
H 1. c2001i 1 sec 40s.
• 1
UNION OF INDIA AND ORS. v. VARTAK LABOUR
UNION [D.K. JAIN, J.]
In support of his submission that there is clear discrimination
519
A·
betWeen the members of the Union and the General Reserve
Engineering Force (GREF), who have been declared to be
members of the Armed Forces in R. Viswan & Ors. Vs. Union
· of India;§. Ors. 2 , it is pointed out that the members of the
respondent Union are facilitating the GREF in hard positions B
and dangerous locations. in hilly areas to perform their functions.
It is thus, argued that the directions issued by the High Court
are fully justified and should be implemented.
13. We are of the opinion that there is force in the
contentions urged on behalf of the appellants and these must C
prevail. We are convinced that the Division Bench has
erroneously construed the Office memo dated 2nd February,
2001 as an approved scheme for absorption and regularization
of the casual workers. lt is manifest from a bare reading of the
said memo that it was merely in the nature of an inter- D
department communication between the Border Roads
Development Board headquarters and its officials. We do not
find any substance in the stand of learned counsel for the
respondent that the appellants are withholding the approved
scheme from this Court. This plea of the respondent that a final E
scheme did come into existence on 2nd February 2001, stands
belied from the letter of the Border Roads Development Board
dated 22nd July 2002. It would be useful to extract the relevant
portion of the said letter, which reads:
F
"In the year 1993, a Labour Welfare Scheme i.e. Scheme
for Grant of Temporary Status and Regularisation of Casual
Workers was formulated. Thus, when we approached
DOPT for approval to the scheme proposed by DGBP,
they did not support our proposal and advised us that if G
we felt that there are sufficient grounds to formulate a
separate scheme which is at variance with the scheme of
DOPT, we may approach the Cabinet for approval of such
scheme. The Secretariat delved into the issue at length and
2. (1983) 3 sec 401. H
A
520 SUPREME COURT REPORTS [2011] 4 S.C.R.
came to the conclusion that there is not sufficient
•
justification for going to the Cabinet for approval of a
separate scheme. This decision has already been
communicated to the Dte GBR vide our letter No.BROS/
04(129)/2000-GE.ll dated 24th June, 2002."
B 14. It is trite that inter-departmental communications and
notings in departmental files do not have the sanction of law,
creating a legally enforceable right. In Sethi Auto Service
Station & Anr. Vs. Delhi Development Authority & Ors. 3, a
Division Bench of this Court, in which one of us (D.K. Jain, J.)
C was a member has observed thus:
"Needless to add that internal notings are not meant for
outside exposure. Notings in the file culminate into an
executable order, affecting the rights of the parties, only
0 when it reaches the final decision-making authority in the
department, gets his approval and the final order is
communicated to the person concerned."
15. Similar views are echoed in Jasbir Singh Chhabra &
Ors. Vs. State of Punjab & Ors. 4 . This Court has observed that:
E
"It must always be remembered that in a democratic polity
like ours, the functions of the Government are carried out
by different individuals at different levels. The issues and
policy matters which are required to be decided by the
F Government are dealt with by several functionaries some
of whom may record notings on the files favouring a
particular person or group of persons. Someone may
suggest a particular line of action, which may not be
conducive to public interest and others may suggest
G adoption of a different mode in larger public interest.
However, the final decision is required to be taken by the
designated authority keeping in view the larger public
interest."
3. (2009) 1 sec 1oa.
H 4. (2010) 4 sec 192
• UNION OF INDIA AND ORS. v. VARTAK LABOUR
•
UNION [D.K. JAIN, J.]
521
16. We are of the opinion that the respondent Union's claim· A
for regularization of its members merely because they have been
wo. king for BRO for a considerable period of time cannot be
granted in light of several decisions of this Court, wherein it has
been consistently held that casual employment terminates when
the same is discontinued, and merely because a temporary or B
casual worker has been engaged beyond the peri0d of his
employment, he would not be entitled to be absorbed in regular
s.ervice or madle permanent, if the original appointment was not
in terms of the process envisaged by the relevant rules. (See:
Secretary, State of Karnataka & Ors. Vs. Umadevi (3) & Ors. 5; c
Official Liquidator Vs. Dayanand & Ors. 6; State of Karnataka
& Ors. Vs. Ganapathi Chaya Nayak & Ors. 7; Union of India &
Anr. Vs. Kartick Chandra Monda/ & Anr.; Satya Prakash & Ors.
Vs. State of Bihar & Ors. 8 and Rameshwar Dayal Vs. Indian
Railway Construction Company Limited & Ors. 9 .) D
17. In Umadevi (3) (supra), a Constitution Bench of this
Court had observed that
"It was then contended that the rights of the employees thus
appointed, under Articles 14 and 16 of the Constitution, E
are violated. It is stated that the State has treated the
employees unfairly by employing them on less than
minimum wages and extracting work from them for a pretty
long period in comparison with those directly recruited who
are getting more wages or salaries for doing similar work. F
The employees before us were engaged on daily wages
in the department concerned on a wage that was made
known to them. There is no case that the wage agreed
upon was not being paid. Those who are working on daily
wages formed a class by themselves, they cannot claim G
5. (2006) 4 sec 1.
6. (2008) 10 sec 1.
1. (2010) 3 sec 115.
8. (2010) 4 sec 179.
9. (2010) 11 sec 733. H
A
522 SUPREME COURT REPORTS [2011) 4 S.C.R.•
that they are discriminated as against those who have been
regularly recruited on the basis of the relevant rules. No
right can be founded on an employment on daily wages
to claim that such employee should be treated on a par
with a regularly recruited candidate, and made permanent
B in employment, even assuming that the principle c0uld be
invoked for claiming equal wages for equal work. There
is no fundamental right in those who have been employed
on daily wages or temporarily or on contractual basis, to
claim that they have a right to be absorbed in service. As
c has been held by this Court, they cannot be said to be
holders of a post, since, a regular appointment could be
made only by making appointments consistent with the
requirements of Articles 14 and 16 of the Constitution. The
right to be treated equally with the other employees
employed on daily wages, cannot be extended to a claim
D
for equal treatment with those who were regularly
employed. That would be treating unequals as equals. It
cannot also be relied on to claim a right to be absorbed
in service 13ven though they have never been selected in
terms of the relevant recruitment rules. The arguments
E based on Articles 14 and 16 of the Constitution are
therefore overruled."
18. Explaining the dictum laid down in Umadevi (supra),
a three judge Bench in Official Liquidator (supra) has observed
F that:
"In State of Karnataka v. Umadevi (3), the Constitution
Bench again considered the question whether the State
can frame scheme for regularisation of the services of ad
hoc/temporary/daily wager appointed in violation of the
G
doctrine of equality or the one appointed with a clear
stipulation that such appointment will not confer any right
on the appointee to seek regularisation or absorption in
the regular cadre and whether the Court can issue
mandamus for regularisation or absorption of such
H
• UNION OF INDIA AND ORS. v. VARTAK LABOUR
UNION [D.K. JAIN, J.]
appointee and answered the same in negative."
523
A
19. In light of the settled legal position and on a conspectus
of .the factual scenario noted above, the impugned directions
by the High Court cannot be sustained. These are set aside
accordingly.
B
20. Before parting with the case, we are constrained to
observe that the conduct of the appellants in engaging casual
workers for a period of less than six months, and giving them
artificial breaks so as to ensure that they do not become eligible
for permanent status, as evidenced from the additional affidavit C
dated 23rd April, 2010 does not behove the Union of India and
its instrumentalities, which are supposed to be model
employers. With anguish, we extract the relevant paragraph of
the said affidavit:
D
"Relying upon the provisions contained in Paragraph 501
to 518 of the Regulation, it was contended that the casual·
labourers are mustered on daily or monthly basis. If on
monthly rates, the period of engagement shall be for a
minimum period of six months. It is a fact that large E
number of casual labourers have worked with Project
Vartak for number of years but their period of
engagement at no stage has existed more than six
months at a time. Their services are terminated before
completion of six month and as per requirement they are
recruited afresh by publishing Part II order by Mustering
F
Unit. Due to the fact that they have not been in
continuous engagement for more than six months they
do not get the status of permanent employee and
accordingly as per Paragraph 503 of the Regulation
referred to above, the casual personnel are not eligible G
for any other privileges for continued employment under
the Government."
(Emphasis supplied by us)
H
A
524 SUPREME COURT REPORTS [2011] 4 S.C.R.
21. Therefore, in the facts and circumstances of the instant
•
case, where members of the respondent Union have been
employed in terms of the Regulations and have been
consistently engaged in service for the past thirty to forty years,
of course with short breaks, we feel, the Union of India would
B consider enacting an appropriate regulation/scheme for
absorption and regularization of the services of the casual
workers engaged by BRO for execution of its on-going projects.
22. In the final analysis, the appeals are allowed, and the
C imj!Jugned judgments and orders are set aside. However, in the
circumstances of the case, the parties are left to bear their own
costs.
8.8.B. Appeals allowed.
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