Central Administrative Tribunal - Gauhati
Shri Fantin Wallang And Other vs Gst on 7 December, 2022
Item No 7 1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00199/2022
Date of order: This, the 7th day of December, 2022
HON'BLE SMT. URMITA DATTA SEN, JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
1. Sri Fantin Wallang
S/o Late Rotin Nonglait
Casual Worker
In the O/o Commissioner of CGST
Cresens Building, Kachari Road
Shillong- 793001.
2. Sri Balvir Singh
S/o Late Washan Singh
Casual Worker
In the O/o Commissioner of CGST
Cresens Building, Kachari Road
Shillong- 793001.
3. Sri Tanka Prasad Upadhaya
S/o Late Bhubani Prasad Upadhaya
Casual Worker
In the O/o Commissioner of CGST
Cresens Building, Kachari Road
Shillong- 793001.
4. Smt Lalthianghimi Pautu War
D/o Late Lalrinthanga Pautu
Casual Worker
In the O/o Commissioner of Customs (P)
O.A. No. 199/2022
Item No 7 2
Kachari Road, Shillong - 793001.
5. Sri Tapan Roy
S/o Late Promode Ranjan Roy
Casual Worker
In the O/o Assistant Commissioner
Customs Preventive Division, Khermahal
Police Point, Dimapur, Nagaland
Pin - 797112.
6. Sri A. K. Angami
S/o Late Vipi Khieya
Casual Worker
In the O/o Superintendent, Customs
Preventive Force, Kohima, Nagaland
Pin - 797121.
7. Sri Goura Dutta
S/o Late Hira Lal Dutta
Casual Worker
In the O/o Superintendent, Land Customs
Station, Jaintia Hills, Meghalaya, Pin -
793109.
8. Sri Altaf Ahmed
S/o Multan Ahmed
Casual Worker
In the O/o Commissioner of Customs (P)
Kachari Road, Shillong, Pin - 793001.
9. Sri R. K. Nabachandra Singh
S/o Late R. K. Khoudonsana Singh
In the O/o Assistant Commissioner,
Customs Division, Imphal
O.A. No. 199/2022
Item No 7 3
Sangokphan Bazar, opposite DAV Public
School, P.O. Lamlong, Imphal East,
Manipur, Pin - 795010.
10. Sri Ch Sarat Singh
S/o Ch Jilla Singh
Casual Worker
In the O/o Assistant Commissioner,
Customs Division, Imphal
Sangokphan Bazar, opposite DAV Public
School, P.O. Lamlong, Imphal East,
Manipur, Pin - 795010.
11. Sri Ch Rajen Singh
S/o Ch Yaima Singh
Casual Worker
In the O/o Assistant Commissioner,
Customs Division, Imphal
Sangokphan Bazar, opposite DAV Public
School, P.O. Lamlong, Imphal East,
Manipur, Pin - 795010.
12. Sri Th Bijoy Singh
S/o Late Th Babudhon Singh
Casual Worker
In the O/o the Deputy Commissioner,
CGST Division, Imphal
4th Floor, Krishna Premi Shopping
Complex, Wanghei Kongba Road,
Imphal East, Manipur, Pin - 795005.
13. Sri Romesh Sangma
S/o Late D. Marak
In the O/o the Superintendent of
Customs, Shella Bazar, Land Customs
O.A. No. 199/2022
Item No 7 4
Station, P.O. Shells, East Khasi Hills,
Meghalaya, Pin - 793112.
....Applicants
- Versus -
1. Union of India
Through the Secretary to the Government
of India, Revenue Department, Ministry of
Finance, New Delhi - 110001.
2. The Chairman
Central Board of Indirect Taxes and
Customs, Ministry of Finance, Department
of Revenue, North Block New Delhi, Pin-
110001.
3. The Chief Commissioner
Goods and Services Tax & Customs,
Guwahati Zone, GST Bhawan, 5th Floor
Kedar Road, Guwahati- 781001.
4. The Commissioner of CGST
Cresens Building, Kachari Road
Shillong - 793001.
5. The Commissioner of Customs (P)
Kachari Road, Shillong - 793001.
6. Assistant Commissioner
Customs Preventive Division, Khermahal
Police Point, Dimapur, Nagaland,
Pin- 797112.
O.A. No. 199/2022
Item No 7 5
7. Superintendent
Customs Preventive Force, Kohima
Nagaland, Pin - 797121.
8. Superintendent
Land Customs Station
Jaintia Hills, Dawki, Meghalaya, Pin -
793109.
9. Assistant Commissioner, Customs
Division, Imphal, Sangokphan Bazar,
opposite DAV Publi School, P.O.
Lamlong, Imphal East, Manipur, Pin -
795010.
10 Deputy Commissioner
CGST Division, Imphal, 4th Floor,
Krishna Premi Shopping Complex,
Wanghel Kongba Road, Imphal East,
Manipur, Pin - 795005.
11. Superintendent of Customs, Shella
Bazar, Land Customs Station, P.O.
Shella, East Khasi Hills, Meghalaya, Pin
- 793112.
12. The Secretary, Department of
Personnel and Training, Ministry of
Personnel, Public Grievances &
Pensions, North Block, Central
Secretariat, New Delhi, Delhi -
110001.
... Respondents
O.A. No. 199/2022
Item No 7 6
Present:
For applicant(s): Sri M. Chanda, Smt. U. Dutta &
Ms. R. Medhi
For respondents: Sri V.K. Bhatra, Sr. CGSC
ORDER (ORAL)
PER URMITA DATTA (SEN), MEMBER (J):
To begin with, prayer of the applicants for filing this petition jointly in a single application is hereby allowed.
2. This instant application has been filed by the applicant praying for the following reliefs:-
"8.1 The Hon'ble Tribunal be pleased to direct the respondents to formulate a scheme similar to the Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993 for regularisation of the services of the applicants, as directed by the Hon'ble Madras High Court by order dated 19.07.2011 (Annexure-A2) in respect of similarly situated casual workers and implemented by the respondents by issuing the Part-Time Casual Labourers Regularization Scheme of CBIC 2020 by letter dated 06.02.2020 (Annexure-A4).O.A. No. 199/2022 Item No 7 7
8.2 The Hon'ble Tribunal be pleased to direct the respondents to regularise the services of the applicants, if necessary by formulating a Scheme similar to the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993, with all consequential benefits.
8.3 The Hon'ble Tribunal be pleased to declare the classification based on the coverage under the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993 for entitlement under the old pension scheme for the employees engaged prior to 01.01.2004 as casual workers and regularised after 01.01.2004, is arbitrary and illegal, and not est. 8.4 The Hon'ble Tribunal be pleased to direct the respondents to grant the benefit of old pension scheme and GPF to the applicants.
8.5 Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case."
2. It has been submitted by Sri M. Chanda, learned counsel appearing on behalf of the applicants that some similarly situated Casual Workers had moved before the Central Administrative Tribunal, Chennai Bench by way of various petitions i.e. O.A. No. 406/2006, O.A. No. 824/2009, O.A. No. 48/2006 and O.A. No. 428/2006. Subsequently, being aggrieved with the O.A. No. 199/2022 Item No 7 8 decision of the Chennai Bench of Central Administrative Tribunal, the respondents preferred writ petitions being W.P. No. 16733/2009, 16889/2009, 11492/2006 and 18969/2009 and M.P. No. 1/2009 and M.P. Nos. 13091 & 13092/2006 before the Hon'ble Madras High Court which was disposed of vide common order dated 19.07.2011 (Annexure-A2) directing the respondents to consider the case of the applicants therein, for regularization. According to Sri Chanda, different Commissionerate also had accepted and implemented the said pronouncement for extending the benefits as claimed for. As per the applicants, since they are similarly circumstanced, they have made a joint petition before the Chief Commissioner, Goods and Services Tax & Customs, Guwahati Zone, GST Bhawan, Guwahati, i.e. respondent No. 3 on 25.06.2020, followed by another reminder dated 09.09.2021 asking for extension of O.A. No. 199/2022 Item No 7 9 benefit of the said judgments at par with their counter parts of different Commissionerate, which is still pending.
3. During the course of hearing, the learned counsel for the applicants has submitted that it would suffice the purpose of the applicants, if respondent No. 3 be directed to consider the pending representations of the applicants treating this O.A. as part of it and extend the benefits of the order of the Hon'ble Madras High Court (supra) within a stipulated period of time.
4. Sri V.K. Bhatra, Sr. CGSC appearing on behalf of the respondents has no objection to such proposition.
5. In view of the above, the respondent No. 3 i.e. the Chief Commissioner, Goods and Services Tax & Customs, Guwahati Zone, GST Bhawan, Guwahati is hereby directed to consider the pending O.A. No. 199/2022 Item No 7 10 representations of the applicants treating this O.A. as part of it in the light of the Hon'ble Madras High Court's order dated 19.07.2011 and other Circulars issued by the different Commissionerate and communicate his decision by way of a reasoned and speaking order, within a period of 03 (three) months from the date of receipt of the copy of this order.
6. However, it is made clear that this Tribunal has not expressed any opinion on the merit of the case.
7. With the above directions, O.A. stands disposed of with no order as to costs.
DR. SUMEET JERATH (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
PB/BD
O.A. No. 199/2022