Central Administrative Tribunal - Kolkata
Snehasis Mondal vs D/O India Post on 31 January, 2022
1 , 0.A. 286 of 2020 M.A, 350/161/2020 mee so CENTRAL ADMINISTRATIVE TRIBUNAL LD A aN KOLKATA BENCH, KOLKATA | i ; ee mn _ 0.A.350/286/2020 Date of order: 921.2% MA 350/161/2020 | | _.Présent : Hon'ble Mrs. Bidisha Banerjee, Judicial Member Hon'ble Dr. Nandita Chatterjee, Administrative Member
1. SNEHASIS MONDAL, son of Shri Biswanath Mondal, nil, residing at Village - Biswas Chak, Post Office __ Monipur Banstala, District 24-Parganas (South), Pin- 743337 and working to the post of DRM. at Dakshin po Barasat So, under the Superintendent of Post Offices, mt South Presidency Division, 700144. Baruipur, Kolkata
- 2, LALTU DAS, son of Shri Tapan Das, residing at , . Village - Taldi, Post Office Narayanpur, District 24- | a Parganas (South), Pin-743376 and working to the post of DRM at Narayanpur B.O, under the Superintendent of Post Offices, South Presidency Division, Baruipur, 'Kolkata-700144.
3. SAMAR NASKAR, son of Shri Rashbihari Naskar, residing at Village - Gourdaha, Post Office Bansra, District- 24-Parganas (South), Pin-743363 and working to the post of DRM at Bansra SO, under the Superintendent of Post Offices, Division, 700144. South Baruipur, Presidency Kolkata
4. DIPANKAR SARDAR, son of Shri Nanti Sardar, residing at Village - Gourdaha, Post Office- Bansra, _ District 24-Parganas (South), Pin-743363 and working to the post of DRM at Bansra SO, under the Superintendent of Offices, Division, 700144; South Baruipur, Post Presidency Kolkata'
5. DIPANKAR PARAMANAYA, son of Shri Jaganath Paramanaya, residing at Village - Basanti, Post Office Sonakhali, District- 24Parganas (South), Pin-743312 and working to the post of DRM at Sonakhali B.0, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
6. GOPAL CHANDRA MONDAL, son of Shri Labanya Mondal, residing at Village - Basanti, Post Office- Nafarganj, District 24 Parganas (South), Pin-743312 and working to the post of DRM at Nafarganj B.O, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
- 7.INDRAJIT DAS, son of Shri Binanda Das, residing at . Village -Basanti, Post Office- Kalahazra, District 24- 2 "+ QA, 286 of 2020 M.A. 350/161/2020 Parganas (South), Pin-743312 and working to the post of DRM at Kalahazra B.O, under the Superintendent of ' Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
8. SOURAV MONDAL, son of Shri Jaydeb Mondal, . Village residing at - Basanti, Post Office Dakshin - Mokamberia, District 24-Parganas (South), Pin-743312 and working to'the postof DRM at Dakshin ' Mokamberia B.O, under the Superintendent of Post Offices, Division, South Baruipur, Presidency Kolkata- 700144.
9. TARASANKAR PRADHAN, son of Shri Saroj Pradhan, residing at Village - Basanti, Post Office Bharatgarh . District- 24-Parganas (South), Pin-743312 and working to the post of DRM at Basanti So, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144
10. MD. KHALIL SEKH, son of Md. Abdul Latif Sekh, residing at Village - Nazat, Post Office Agarhati, _District- 24-Parganas (South), Pin-743329 and © _ working to the post of DRM at Agarhati B.O, underthe . Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
11. NILADRI SEKHAR MONDAL, son of Shri Amulya Krishna Mondal, residing at Village - Canning Town, Post Office Paschim Dighir Par, District- 24 Parganas (South), Pin-743329 and working to the post of DRM at Canning Town SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata- 700144,
12. SWARNADEEP PAUL, son of Shri Harashit Paul, residing at Village - Basanti Uttar Para, PostOffice Basanti District- 24 Parganas (South), Pin-743312 and 'working to the post of DRM at Canning Town SO, under . the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
13. TANMOY MONDAL, son of Shri Arup Kumar 'Mondal, residing at Village - Kustia, Post Office Champahati, District 24 Parganas (South), Pin-743330 and working to the post of DRM at Champahati SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata~700144.
14. DILIP KUMAR MIDDYA, son of Shri Ganesh Chandra Middya, residing at Vill+FO- Punpua District 24- Parganas (South), Pin-743372 and working to the post of DRM at under Dakshin Punpua B.O Barasat SO,under_ - . the Superintendent of Post Offices, South Presidency | Division, Baruipur, Kolkata-700144.
3 0.A. 286 of 2020 M.A. 350/161/2020
15. MOSIHUR RAHAMAN LASKAR, son of Shri Sajidar Rahaman Laskar, residing at Village BALBALIA_ Suryapur Hat, Post- Keatala, District 24-Parganas (South), Pin-743372 and working to the post DRM at . Suryapur Hat B.O under Dakshin Barasat SO, under the Superintendent of Post Offices, South Presidency Division Baruipur, Kolkata 700144.
16. AMARENDRA NATH MONDAL, son of Shri Haran . Chandra Mondal, residing at Village Kuemuri, District 24-Parganas (South), Pin-743383 and working to the post of DRM at Kuemari B.0 under Raidighi S.0 under the Superintendent of Post Offices, South Presidency Division | Barulpur, Kolkata 700144. -
17. AVUIT HALDER, son of Shri Dibakar Haldar, residing Village at Mandir Bazar Post Office- Ramlochanpur, District 24-Parganas (South), Pin- 743336 and working to the post of DRM at Ramlochanpur B.O under Ghateshwar SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144. .
18. SOUGATA CHOWDHURY, son of Late Asit Baran Chowdhury, residing at Village - Basudebpur, Post Office Purba Gopalnagar, District 24-Parganas (South), Pin-743395 and working to the post of DRM at Ghateswar SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata- 700144.
19. MADHUSUDAN MONDAL, son of Shri Harendra Nath Mondial, residing at Village - Gosaba, Post Office- Kachukhali, District- 24 Parganas (South), Pin-743370 and working to the post of DRM at.Kachukhali B.0, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
20, ASUTOSH BARUI, son of Shri Dulal Barui, nil, 'residing at Village - Gosaba, Post.Office Manmatha Nagar, District- 24 Parganas (South), Pin-743370 and working to the post of DRM at Manmatha Nagar B.0, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
21. ARUP PATRA, son of Shri Lakshman Chandra Patra, residing at Village - Rangabelia Post Office-Gosaba,
- District- 24 Parganas (South), Pin-743370 and working to the post of DRM at Gosaba SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
22. PIUSH BARIK, son of Shri Panchanan Barik,. residing at Village Gosaba, Post Office Gosaba, District- 24-Parganas (South), Pin-743370 and working to the post of DRM at Gosaba SO, under the Superintendent of.
4 0.A. 286 of 2020 M.A. 350/161/2020 Post Offices, South Presidency Division, Baruipur, Kolkata-700144., 23, ANJAN BHATTACHARYA, son of Shri Anath Bhattacharya, residing at Village & Post Office Baradrone, District- 24-Parganas (south) Pin-743332 and working to the post of DRM at Hatuganj SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
24, SADANANDA SARDAR, son of Shri Harendranath Sardar, residing at Village & Post Office Chaltaberia District- 24 Parganas (South), Pin-743337 and working to the post of DRM at Chaltaberia B:O under Joynagar Majilpur.S.O, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144,
25. SANTI GOPAL BAIDYA, son of Shri Jogendra Nath Baidya, residing at Village - Arunnagar, Post Office Chatra, Maldari, District 24-Parganas (South), Pin- 743337 and working to the post of DRM at Chatramaldari B.O under Joynagar Majilpur So, under the Superintendent of Post Offices, South Presidency. Division, Baruipur, Kolkata-700144.
'26. CHANCHAL KUMAR BERA, son of Late Niranjan Bera, residing at Village Nagar, Kalinagar, Akshay District 24-Parganas (South), Pin-743347 and working to the post of DRM at Akshaynagar B.O under Kakdwip So, under the Superintendent. of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
27. DUDHKUMAR BERA, son of Shri Kartick Chandra Bera, residing at Village - Baungar, Post Office Kakdwip, District- 24-Parganas (South), Pin-743337 and working to the post of. DRM at Bamanagar B.O under Kakdwip SO, under thé Superintendent of Post _ Offices, South Presidency Division, Baruipur, Koikata-
700144, _ 28. CHANDU KUMAR MANDAL, son of Late Prahallad Mandal, residing at Village - Budhakhali, Post Office- Kakdwip District- 24 Parganas (South), Pin-743347 and working to the post of DRM at Budhakhali Kakdwip SO, B.O under under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata- 700144,
29. CHANDAN META, son of Shri Nimai Chand Meta, . residing at Village - Ghéramara, Mandirtala, Post Office Mudpoint, District 24-Parganas (South), Pin-743356
- and working to the post of DRM at Kakdwip SO, under the Superintendent of Post Offices, South Presidency Division; Baruipur, Kolkata-700144.
5 ; 0.A. 286 of 2020 M.A. 350/161/2020
30..SMT. DIPIKA TIKDER, daughter of Late Sanjib Tikader, residing at Village Baburmahal, Tepakhali, Kulpi District- 24 Parganas (South), Pin-743374 and working to the post of DRM at Karanjali SO, under the Superintendent of Post Offices, South Presidency _ Division, Baruipur, Kolkata- 700144.
31. PULAK HALDAR, son of Shri Meghnath Haldar, residing at Village - Inchinberia, District 24-Parganas, (South), Pin-743351 and working to the post of DRM at:
Kulpi under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
_ 32. DIBYENDU NASKAR, son of Shri Panchanan residing at Village - Dakshin Bijoynagar. Kalinagar, District- 24-Parganas(South), Pin-743338 and working to the post of DRM at Bijoynagar B.O under Nimpith Ashram SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
33. KARTICK MONDAL, son of Shri Sukumar Mondal, residing at Village- & Post Office- Japotala, District 24-
Parganas (South), Pin-743338 and working to the post of DRM at Gopalganjhat B.O. under Nimpith Ashram SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700 144,
34. RAJAT KUMAR MAITY, son of Shri Amar Maity, residing at Village Gobindarampur, Kakdwip District-
- 24-Parganas (South), Pin-743347 and working to the post of DRM at KakdwipSo, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
35. ABANI KANTA MANDAL, son of Shri Nemai Mandal, residing at Village - Gobindapur, Post Office S.G, Pur, Joynagar, District- 24 Parganas (South), Pin-743337 and working to the post of DRM at Joynagar Majilpur SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
36, Tushar Halder, son of Shri Ajit Halder, residing at. Village - Tulsighata, Nimpith, District- 24 Parganas .
- (South), Pin-743338 and working to the post of DRM at Kholakhalihat B.O under Nimpith Ashram SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
37. SMT. SHRABANTI BAIRAGI, daughter of Shri Sanat Bairagi, residing at Jalaberia, District 24-Parganas (South), Pin-743338 and working to the post of DRM at Keorakhali B.O under Nimpith Ashram under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
6 0.A. 286 of 2020 M.A, $50/161/2020 38: SANTO DUTTA, son of Shri Naba Kumar Dutta, residing at Tasarala, District- 24- -Parganas (South), Pin-743372 and working to the post of DRM at Nimpith Ashram SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata- 700144,
39. MANAS HALDER, son of Shri Jibananda Halder, residing at Purba Jota, Jatardeul, Jogendrapur, District. 24 Parganas (South), Pin-743383 and working to the post of DRM at Jata Raidighi Jagendrapur SO, B.O. under the Superintendent of Post Offices, South:
Presidency Division, Baruipur, Kolkata-700144.
- 40, SATYAJIT HALDER, son of Shri Dilip Halder, esiding "at Kumarpara, Goalara, District 24- -Parganas (South), -
Pin-743383 and working to the post of DRM at Goalara B.O under Raidighi So, under the Superintendent of Post Offices, South Presidency Division, 700144. _ Baruipur, Kolkata
41. SUSANTA DINDA, son of Shri Kushshan Dinda, residing at District- 24-Parganas (South), Pin-743383
- and working to the post of DRM at DebipurB.0O Raidighi SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
42. BHOLANATH NATH, son. of Shri Bhagirath Nath, residing at Paschim Narayanipur, Jatar District Deul, 24 Parganas (South), Pin-743383 and working to the post of DRM at Narayanpur Raidighi SO, B.O under : under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700 144, |
43. PROSENJIT HALDER; son of Shri Pratap Halder, residing at Bayargadi, Gilarchat, District 24- -Parganas (South), Pin-743349 and working to the post.of DRM at Raidighi So, under-the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
44, SUSOVAN BAIDYA, son of Shri Prasanta Baidya, residing at Boria, Purba Gobindapur, District 24- Parganas (South), Pin-743368 and working to the post -
of DRM at Sarisha SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144, 45, MD. MAHAFU] RAHAMAN GHARAMI son of Shri _ Sahadad Ali Gharami, residing at Debisabad, Taldi, District- 24 Parganas (South). Pin-743376 and working -- to the post of DRM at B.O, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144, | ,
46. NAJIR HOSSAIN MOLLA, son of Shri Elias Ali Molla, residing at Khashkumrakhali, Taldi, District 24- TT 7 O.A. 286 of 2020 M.A, 350/161/2020 'Parganas (South), Pin-743376 and working to the post , of DRM at Khashkumrakhali B.O, under the Superiritendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
47, SOURAV CHAKRABORTY, son of Shri Snehasis Chakraborty, residing at Hatar, District- 24 Parganas (South), Pin-743610 and working to the post of DRM at Madarat SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
48. SONTU MONDAL, son of Shri Saktimoy Mondal, residing at Maheswara, District 24 Parganas (South), Pin-743609 and working to the post of DRM at Malancha Mahinagar SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
49. DEBASISH CHATTERJEE, son of Shri residing Kamal at Chatterjee, Sankharipukur, District 24- Parganas (South), Pin-743387.and working to the post of DRM. at Piyali Town SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-7 0 0144.
S50. INDRAJIT MONDAL, son of Shri Bimal Chandra Mondal, residing at Chak Pran Kantakhali, District 24- Parganas (South), Pin-743610 and working to the post of DRM at Chak Prankanta Khali B.O under Madarat SO,_ under the Superintendent of Post Offices, South --
" Presidericy Division, Baruipur, Kolkata-700144.
51, PRONAB KUMAR MONDAL, son of Shri Swapan Kumar Mondal, nil, residing at Nainanpur, District 24- Parganas (South), Pin-743375 and working to the post
- of DRM at Usthi SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata- 700144..
52, PRABIR NASKAR, son of Shri Prafulla Naskar, residing at Chandkhali, Taldi, District- 24 Parganas (South), Pin-743376 and working to the post of DRM at Chandkhal B.O, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-
- 700144.
53. SUNIL MONDAL, son of Shri Swastik Mondal, residing at Uttar. Taldi, Taldi, District 24 Parganas
-, (South), Pin-743376 and working to the post of DRMat Taldi SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
54, PRASUN HALDER, son of Shri Paran Halder, residing at Taldi, P.O. Taldi, District- 24-Parganas (South), Pin-743376 and working to the post of DRM at | Taldi SO, under the Superintendent of Post Offices, 8 0.A. 286 of 2020 M.A. 350/161/2020 South Presidency Division, Baruipur, Kolkata-700144. 55, ALOKESH DAS, son of Shri Sudhangshu Sekhar Das, residing at Bijoy Nagar, Purba Para, District 24- Parganas (South), Pin-743370 and working to the post of DRM at Bijoy Nagar B.O, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata 700144
56. SAMATUL MONDAL, son of Shri Nagendranath | Mondal, residing at Baburchak, Kultali, District 24- Parganas (South), Pin-743337 and working to the post of DRM at Jalaberia B.O under Nimpith Ashram SO, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
57. MARUF HOSSAIN MOLLA, son of Shri Badley Molla,, residing at Dakshinjagadishpur, Dholahat, District 24- ' Parganas (South), Pin-743399 and working to the post of DRM at Dholahat S.O, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
"58, SUBHASIS MONDAL, Son of Panchugopal Mondal, Residing atPurkaitgheri, Post - Kumrpara, District 24- Parganas (South), Pin-743383 and working to the post of DRM at Kumarpara B.O. under Raidighi S.0, under the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144.
ane Applicants °
-VERSUS: _
1. UNION through OF INDIA, the service Secretary, Government of India, Ministry of Communication & Information Technology, Department of Posts, 20, Sanchar Bhawan, Ashoka Road, New Delhi-110001.
-2. THE CHIEF POST MASTER GENERAL, West Beingal Circle, South Bengal Region, YopayE Bhawan, C.R. Avenue, Kolkata 700012.
3. THE CHIEF POST MASTER GENERAL, West Bengal Circle, South Bengal Region, Yogayog Bhawan, C.R. Avenue, Kolkata 700012.
4. THE POST MASTER GENERAL, Kolkata Region, Yogayog Bhawan, Kolkata-700012.
5. THE SUPERINTENDENT OF POST OFFICES, South Presidency Division, Baruipur, Kolkata-700144.
teens Respondents.
r 9 0.A. 286 of 2026 : M.A. 350/161/2020 Forthe Applicant : Mr. P.C. Das, Counsel Ms. T. Maity, Counsel _. Forthe Respondents -- : Mr. S. Paul, Counsel ORDER(Oral
- Per Bidisha Banerjee; Judicial Member Heard ld. Counsel for applicants.
2. The M.A. bearing no. 350/161/2020 has been preferred to allow the | applicants to pursue their remedies jointly.
As the applicants share a common grievance, and, since no objection is raised by the respondents, the abovementioned M.A. is allowed.
3. The Original Application has 'been preferred, to seek the following reliefs:
"a) Leave may be granted to the applicants to file this application jointly under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987 as the applicants _ have a common grievance;
b) To quash 1 and/or set aside the impugned office order No. A-1/BO/DRM/Ch-IX dated 16.01.2020 issued by the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata-700144 being Annexure A-2 of this original application because of ; such order the DRMS will not get any pay and they will lose their services those who are : discharging duty and function to the said post for more than 8 hours till today without po, getting full pay benefit which they are entitle in terms of the orders passed by the ' 7 oS Hon'ble Supreme Court on 14.11.2018 in the case of Shankar Dubey vs. DFO in Civil | Appeal No. 10956 of 2018 and in the case of State of IP vs- Puttilal reported in 2006 SCC, ms Page 337 and State of Punjab vs. Jagjit Singh reported in 2017 (1) SCC, Page 148;
-¢} To pass an appropriate order directing upon the respondent authority to give appropriate pay benefit in favour of the applicants those who are discharging duty and - functions to the post.of DRMS for more than 8 hours and not to disengage the present applicants those who are working with effect from 2013 onwards and to consider their case for regularization as'one-time measure in view of the verious judgments passed by the Hon'ble Supreme Court;"
f
4. ; The facts pleaded are as under:
That, all the applicants, as per the order of the office | of the ' Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata - 700144, were engaged as Daily-Rated Mazdoors (DRM) for performing duties and function against various jobs of 'the concerned Post Offices, like Mail.
as 10 O.A. 286 of 2020 M.A. 350/161/2020 | Processing, Mail Carry, Mail Delivery and as GDS Packer, for the main post . offices and sub-offices under the Division, wee. 13.11.2013, as per their eligibility. That, the concerned postal departments as well as head post office and sub-post offices have been taking the full services from the applicants for more than 08 hours, but without paying even the minimum wages as they would be legally entitled to. | 'That; in terms of the decisions of the Hon'ble Supreme Court on . rendered in Subha Shankar Dutta Vs, DFO in Civil Appeal No. 10956 of 2018, in the case of State of UP Vs. Puttilal reported in 2006 SCC Page 337, as well as in State of Punjab Vs. Jagjit Singh reported in 2017(1) SCC Page 148, they were entitled to minimum wages which the respondent authorities have all along deprived them.of. | That, there is a huge workload in each and every post office, but "4, permanent employees are limited. The DRMs have all along pulled up jobs of .
/. Post Offices yet they were neither being paid minimum of the pay scale nor | considered for regularization ever.
That, all of a sudden, the Superintendent of Post. Offices; South Presidency Division, Baruipur, vide impugned office order dated 16.01.2020 | directed all the Post Masters of Baruipur and Diamond Harbour, Head Post Offices as' well as Senior Post Masters under South Presidency Division that, no DRMs would be sanctioned and also advised them not to engage DRMs any _ further. The applicants allege that most of the Post Offices misinterpreted the said order dated 16.01.2020 as if the present DRMs would be thrown out of | their jobs. | | | * The applicants would assert that, since no permanent employees have been 'appointed by-the respondent authority against the posts in which 11 0.A. 286 of 2020 M.A. 350/161/2020 -
they serve, the impugned order dated 16.0 1.2020 ought to.be set aside and/or quashed or else the-applicants will suffer irreparable loss and injury which cannot be compensated with anything.
That, against such impugned order dated 16.01.2020, all the applicants have preferred representations on. 24.02.2020 individually and | through proper channel before the Superintendent of Post Offices, South Presidency Division, Baruipur, Kolkata - 700144. They have prayed that _ having discharged duties and functions for more than 8 hours to run the entire postal department, they deserve at least Minimum Wages as against their respective jobs, in terms of the latest judgments of the Hon'ble. Apex Court as noted supra in the case of Shubha Shankar Dutta Vs DFO, State of IP Vs Puttilal, State of Punjab Vs Jagjit Singh etc. Further the applicants would also pray for their regularization, and, would allege that the respondent \\ authorities are sitting tight over the matter. That, under compelling circumstances, and, due to grave urgency fearing disengagement of their services, the present applicants have approached this Tribunal for redressal of their. grievances.
5. Per contra, the respondents have averred as follows:
"This instant case has been filed by so many applicants stating interalia that ° they are working as daily rated mazdoor (DRM) under the Superintendent of Post Offices, South Presidency Division and in support of the same annexed some papers which according to the authority is not issued by the appropriate authority. In this O.A, they further claimed that they had. served to the departments but the minimum wages are not paid to them regularly. In support of their claim they have annexed some Judgments of Hon'ble Apex Court and claimed that they are entitled for the minimum wages. On the day 02-03-20 when the matter came up for the first time before the Hon'ble Tribunal it was the submission of the for the applicant that they are regularly engaged for the job but they are not paid minimum wages and on the query from the Hon'ble Tribunal Ld. Counsel for the respondents madé the submission °
-that first of all it would have to be verified whether they are properly engaged by the authority or not and if at all they are engaged properly by the authority then they must have to be paid for the job which they have rendered 'subject to verification and authenticity of all the papers which have been relied upon and 12 O.A. 286 of 2020 Do M.A. 350/161/2020 a direction was given by the Court to take instruction whether the present applicants were serving as DRM in various post offices of South Presidency Division and, if so, in case the posts of DRM are still vacant the applicants could be allowed' to continue and paid minimum of the pay scale in terms of the - decision of the Hon'ble Apex Court in the matter of Sabha Shankar Dube and Jagjit Singh:
. The respondents have assertively claimed that, "there is no such post of DRM | (Daily Rated Mazdoor) in the establishment of Department of Post'.
That, "the Daily Rated Mazdoor (DRM) are engaged to pull up the extra nature of job i | *. as and when required. The applicants Sri Snehasis Mondal once may be engaged by Pick and . choose process in any Post Office under South Presidency Division for time being to pull up the job"
That, "no engagement letter is/was issued in favour of any person to work as Daily i | Rated Mazdoor (DRM) from the off ice the Superintendent of Post, South Presidency Division, ne Baruipur, Kolkata - 7001 44, That, "the applicants have no-right to claim in any regular appointment in / || Department of Post".
That, "the Superintendent of Post. Offices, South Presidency Division, Baruipur, Kolkata-700144 has already intimated on 04-07-2019 to all the ASPOs, Post Masters, SPMs and all the BPMs under the Division to follow the guidelines strictly regarding engagement of Ge DRM at different Head Post Offices, Sup Post Offices and Branch Post Offices under the : Division further to review the engagement of the DRM at different Head Post Offices Sub Post
- Offices and Branch Post Offices and to submit a report to him earliest. Some restrictions have been imposed upon all the Head Post Offices, Sub Post Offices and Branch Post Offices for engagement of DRM for assistance in office work if engaged by them, if it is done that should be on their own risk and payment will be made by them."
That, "the judgment in Sabha Sankar Dube vs- D.F.O is not applicable herein .as because said case was in connection with the temporary employees who were paid daily rated wage but not in the case of Daily Rated Mazdoor'".
13 ' OA. 286 of 2020 M.A, 350/161/2020 That, "the case of Sabha Sankar Dube vs- D.F.0.. originated from a case of the applicants who were daily rated workers in Group-D posts in Forest Department through a process of the said department approved by the said department who raised the question of
- pay parity as because they were working equal to the Group-D post of the Forest Department, but here the case is' that they are neither engaged as official process of the department not | ' they working equal to the Group-D".
That, the "Issue in the said relied upon judgment was that any act of paying less wages as compared to other similarly situates constitutes an act of exploitative enslavement, emerging out of a domineering position. It was the view of the said Court is that the action is oppressive, suppressive and coercive, as it compels. involuntary subjugation. In the case of .
-. Jagjit Singh the spirit of the judgment is wholly confined to the entitlement of minimum pay | 'scale and observation was that temporary employees are entitled to minimum of the pay scales as long as they continue in service."
6. This Tribunal, on a number of occasions, upon hearing both the sides at ")\ length, had issued the following daily orders:
- (i) On'03.03.2020:
"Heard Ld. Counsels for both the parties.
2. Ld. Counsel for the respondents is directed to take-instruction whether the . present applicants were serving as DRM it various Post Offices of South Presidency Division and, if so, in case the posts of DRM are still vacant the applicans would be allowed to continue and paid minimum of the pay scale in terms of the decision of the Hon'ble Apex Court in the matter of Sabha Shankar Dube and Jagjit Singh as contained in Annexure-A/4 to the 0.A.
3. Ld. Counsel for the respondents assures that if the applicants have served the respondent authorities as DRM and the vacancies exist to accommodate them then no harsh step shall be taken against them.
4, Ld. Counsel for the applicants submits that the applicants are serving the -- department as DRM since 2013.
_5. Pendency of this 0.A. will not preclude the respondents from taking them back in service in the event they are serving in the Post Offices and if the vacancies exist to accommodate them.
List the matter on 18.05. 2020.
Plain copy of the order be given ta the Ld. Counsels for both the parties.
(ii) On 01.07.2020:
i + j i ' { 3 Ld. counsel for both sides are present. .
2. Ld. counsel for the respondents to take instructions about the compliance of the direction of the Tribunal in the order dated 03.03.2020 and report on the next date.
14 0.A. 286 of 2020 M.A. 350/161/2020
3..Ld; counsel for the respondents assures that reply will be filed within 15 days. Accordingly, list this matter on 31.07.2020. , 4, As prayed for, plain copy of this order be handed over to both sides.
(iii) On,31.07.2020:
Ld: counsel for both sides are present.
2. Ld. counsel for the respondents would submit that apart from Applicant no.
1, all the other applicants have been engaged on the basis of, forged documents and fake certificates.
3. Ld. counsel for respondents is therefore directed to submit a report 'from the competent authority establishing his claim that the applicants were inducted ; on the basis of forged documents which Is controverted by the Id. counsel for | applicant who states that the documents were verified by the the Sr. Superintendent of Post Office who approved such engagement. ° ; 4, Therefore, let reply be filed by 3 days which shall be verified by the Sr. , 1 Superintendent of Post Office who shall clarify whether the engagement of the boo. applicants were in fact on the basis of forged documents. Rejoinder, if any, be . _ a, filed by 3 days thereafter ; List on 12.08.2020.
(iv) On 12.08.2020:
Ld. counsel for both sides are present.
: 2, Ld. counsel for the respondents upon i tions submits that t | oe, documents that was alleged to be forged were not found to be forged and also ! there is no question of their disengagement ifthey are already serving.
3, Ld. counsel for the respondents also submits that the applicants are still under employment. , ' 4, Having heard both the counsel, we direct that the applicants shall not be disengaged from their service and their wages shall be paid on regular basis. 5, Ld, counsel for the respondents seeks liberty to take back the old reply filed by the department on the earlier occasion to file a fresh reply within 15 days. ~ 'Prayer is allowed. Let rejoinder be filed by 2 weeks thereafter.
List this matter on 16.09.2020.
Plain copy of this order be handed over to ld. counsel for both sides.
~ (v) On 16.09.2020:
Ld. counsel for both the parties are present. :
2. Ld, counsel for respondents ensure that the reply would be filed shortly.
3, Therefore, respondents are directed to release the salary/wages of the applicants, if they served. .
4, List on 30.09.2020 for final disposal.
Plain copy of this order be handed over to the Id. counsel for both the parties.
(vi) On 30.09.2020:
Heard Id. counsel for both sides.
2. Ld. counsel for the applicants submits that they have been replaced by e another set of DRMs.. .
'. . ; 3. Respondents to file reply by 4 weeks.
4. Respondents to clarify who out of the applicants were serving as on the date r ' ae interim order was passed by this Tribunal and whether they have continued in _ : terms of the said interim order. .
oo, , 5, Respondents shall also bring on record the present policy of the department 15 O.A. 286 of 2020 M.A, 350/161/2020 in-regard to engagement of DRMs and the number of DRMs serving in South ' . . _. Presidency Division.
6. Protection as granted earlier shall continue.
List on 18.11.2020 Thereafter, the interim order has been continued from time to time.
_ 7, . Pursuant to our repeated queries raised and directions issued to the "+ respondents as above, respondent no 5., ie. the Superintendent of Post Offices, has furnished the following information:
"In connection with the above as per report received from Sri Niladri Basak, the information desired is mentioned below:
1. Total no. of DRM working under South Presidency Division is approx. 350 and exact number cannot be determined as the work of DRM is based on day.
2, Daily Rated Majdoor {DRM) are arranged to pull up the extra nature of job as and when required and are arranged by pick and choose process in offices on daily basis for time being to pull up the job.
3. No, DRM are arranged to pull up the extra nature of job as and when required and are arranged by pick and choose process.
4, As there is no post for DRM in this department, therefore there is no provision for termination.
5, DRM are atranged on daily basis and their payment s are done on daily basis at the end of the day. No paymenttispending."
From the above emerges an express and clear admission on the part of 5 ") the respondents about engagement of DRMs to pull up extra jobs of the post offices. On the contrary, there is no express denial! of the facts of engagement of the present applicants.
8. We have given our anxious consideration to the materials on record and . the decisions cited, The applicants, as noted above, have heavily relied upon the decisions in Jagjit Singh (supra) to claim wages equal to that being 'disbursed to the regular employees. The relevant extract of the decision would be thus:
"44, We shall first outline the conclusions drawn in cases where a claim for pay parity, raised - at the hands of the concerned temporary employees, was accepted by this Court, by applying | the principle of 'equal pay for equal work, with reference to regular employees:
(i)_In 'the Dhirendra Chamoli case this Court examined a claim for pay parity raised by temporary employees, for wages equal to those being disbursed to regular employees. The prayer was accepted. The action of not paving the same wage, despite the work being the é 16 0.A. 286 of 2020 M.A. 350/161/2020 same, was considered as violative of Article 14 of the Constitution. It was held, that the action amounted to exploitation-in a welfare state committed to a socialist pattern of society.
(iijIn_the Surinder Singh case this Court held. that the 'right of equal wages claimed _by temporary employees emerged, inter alia, from Article 39 of the Constitution. The principle of 'equal pay for equal work was again applied, where the subject employee had been appointed on temporary basis, and the reference employee was borne on the permanent establishment. The temporary emplovee was held entitled to wages drawn by an employee on the regular. establishment, In this judgment, this Court also took note of the fact, that the above proposition was affirmed by a Constitution Bench of this Court, in.the D.S. Nakara case. ;
iti) In the Bhagwan Dass case this Court recorded, that in a_claim for equal wages, the duration for which an employee would remain (- or had remained) engaged, would not make any difference. So_also, the manner of selection and appointment. would make no difference, And therefore, whether the selection was made on the basis of open competition or was limited to a cluster of villages, was considered inconsequential, insofar as the applicability of the principle is. concerned. And likewise, whether the appointment was for a fixed limited duration (six months, or one vear), or for an unlimited duration, was also considered inconsequential, insofar as thé applicability of the principle of 'equal vay for equal work' is concerned. It was held. that the claim for equal wages would be sustainable, where an employee Is required to discharge similar duties and_responsibilities as requiar_employees, and_the concerned employee_possesses the qualifications prescribed for the post, In the above case, this Court rejected the contention advanced on behalf of the Government, that the.plea of equal wages by the emplovees in question, was not sustainable because the concerned emplovees_were engaged in'a temporary scheme, and aqainst posts which were sanctioned on a year to year basis. ,
(iv) Inthe Daily Rated Casual Labour Employed under P&T Department through Bhartiya Dak Tar Mazdoor Manch case this Court held, that under principle flowing from Article 38(2) of the Constitution, Government could not deny a temporary emplovee, at least the minimum wage being paid to an employee in the corresponding regular cadre, along with dearness allowance and_additional_dearness allowance, as well as, all the other benefits which were being extended to casual workers. It was also held, that the classification of workers fas unskilled, semi-skilled and skilled), doing the same work, into different categories, for payment of wages at different rates, was not:tenable. It was also held, that such an act of an employer, would _amount to exploitation, And further that, the same would be arbitrary and discriminatory, and therefore, violative of Articles 14 and 16 of the Constitution.
. (v} in State of Punjab v. 'Devinder Singh this Court held, that daily-wagers were entitled to be placed in the minimum of the pay-scale of regular employees, working against the same post. The above direction was issued after accepting, that the concerned employees, were doing the same work as regular incumbents holding the same post, by applying the principle-of 'equal pay for equal work'.
(vi) In'the Secretary, State of Karnataka case, a Constitution Bench of this Court, set aside the judgment of the High Court, and directed that daily-wagers be paid salary equal to the lowest grade of salary and allowances being-paid to regular employees, 'Importantly, in this case, this Court made a very important distinction between pay parity and regularization. 'It was held that the concept of equality would not be applicable to issues of absorption/regularization, But, the concept was held as. applicable, and was indeed applied, to the issue of pay parity - if the work component was the same. The judgment rendered by the High Court, was modified by this Court, and the concerned daily-wage employees were directed to be paid wages, equal to the salary at the lowest grade of the concerned cadre. ,
(vii)_In_ State of Harvana v. Charanjit Singh, a three-Judge bench of this Court held, that the decisions rendered by this Court in State of Haryana v. Jasmer Singh 25, State of Haryana v. Tilak Raj", the Orissa University of Agriculture & Technology case*0, and Government of W.B. v. Tarun K. Roy", laid down the correct law. Thereupon, this Court declared, that_if the concerned daily-wage employees could establish, that they were performing equal work of |
9. 17 O.A. 286 of 2020 M.A. 350/161/2020 equal quality, and all other relevant factors were fulfilled, a direction _by a Court to pay such employees equal wages (from the date of filing the writ petition), would be justified.
(viiiLin State of U.P. v. Putti Lal, based on decisions in several cases (wherein the principle of 'equal pay for equal work' had been invoked),it was held, that_a_daily-wager discharging similar duties, as those engaged on regular basis, would be entitled to draw his wages at the minimum of the pay-scale (drawn by his counterpart, appointed on regular basis), but would not be entitled to any other allowances or increments.
(ix) Inthe Uttar Pradesh Land Development Corporation case this Court noticed, thatthe respondents were employed on contract basis, on a consolidated salary. But, because they were actually appointed to perform the work of the post of Assistant Engineer, this Court directed the employer to pay the respondents wages, in the minimum of the pay-scales ascribed for the post of Assistant Engineer. :
57. Having traversed the legal parameters with reference to the application of the principle of 'equal pay for equal work', in relation to temporary employees (daily-wage employees, ad-hoc
-appointees, employees appointed on casual basis, contractual employees and the like), the sole factor that requires our determination is, whether the concerned employees (before this Court), were rendering similar duties and responsibilities, as were being discharged by regular employees, holding the same/corresponding posts. This exercise would require the application of the parameters of the principle of 'equal pay for equal work' summarized by us: in paragraph 42 above. However, insofar as the instant aspect of the matter is concerned, it is not difficult for us to record the factual position. We say so, because it was fairly acknowledged by the learned counsel representing the State of Punjab, that all the temporary employees in the present bunch of appeals, were appointed against posts which were also available in the regular cadre/establishment. It was also accepted, that during the course of their employment, 'the concerned temporary employees were being randomly deputed to discharge duties and responsibilities, which at some point in time, were assigned to regular employees. Likewise, regular employees holding substantive posts, were also. posted to discharge the same work, which was assigned to temporary employees, from time to time. There is, therefore, no room for any doubt, that the duties and responsibilities discharged by the.temporary employees in the present set of appeals were the same as were being discharged by regular employees. It is not the case of the appellants, that the respondent-employees did not possess the qualifications prescribed for appointment on regular basis. Furthermore, it is not the case of the State, that any of the temporary employees would not be entitled to pay parity, on any of the principles summarized by us in paragraph 42 hereinabove. There can be no doubt, that the principle of 'equal pay for equal work' would be applicable to all the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged Government employees, holding the same post.
58. In view of the position expressed by us in the joregoing paragraph, we have no hesitation in holding, that all the concerned temporary emplayees, in the present bunch of cases, would be entitled to draw wages at the minimum of the pay-scale (- at the lowest grade, in the regular pay-scale), extended to regular employees, holding the same post. " (Emphasis supplied) To ascertain whether the applicants have the locus to claim minimum wages, we examined the following documents:-
(i) Approval for engagement of DRM at Kakdwip S.O for 7 hours daily w.e.f. 09.10.2013 on payment of Rs, 29/- only per hour for working days
18 0.A. 286 of 2020 M.A. 350/161/2020 is on record, vide letter dated 20.11.2013 of the SPO, South Presidency .
Division. -
_(ii) Various approvals for engagement of DRM and payment vouchers .
recording engagemient of applicants for Mail-processing, CBS, speednet, R net, MP work has been issued on diverse dates against rates varying from Rs. 193.25. to Rs. 338:62, for 20 to 25 days at a stretch, has been issued by the SPMs of various offices which are available on record.
(iii) Sanction from the Office of Superintendent of Post Offices, South Presidency for arrangement of DRM at different Bratich Offices under Kakdwip sub-division for the purpose, period and hour as mentioned against their names as per prescribed rates prevailing at that particular period except Sundays and holidays are available on record.
(iv) The impugned order (at Annexure A-2 to the 0.A.) that reads as - under:
a Department of Posts, INDIA OFFICE OF THE SUPDT. OF POST OFFICES, SOUTH PRESIDENCY DIVISION BARUIPUR, KOLKATA - 700144.
To the Postmaster, Baruipur/D. Harbour H.0. All the SPM under Sauth Presidency Division Dated at Baruipur, the 16.01.2020 'No. A-1/BO/DRM/Ch-IX Subject: Notification regarding sanction of DRM for BO & SO As directed by the undersigned all the Postmasters & SPMs are hereby directed not to engage any DRM if there is no vacancy of Posts in the particular office. NoDRM bill will be sanctioned if the posts are full according to the sanctioned posts from the m/o January,.2020. , , _-sd-
Supdt. Of Post Offices South Presidency Division Baruipur, Kolkata-700144"
The order does not seem to restrict engagement of DRM under any circumstance. Rather it allows a concession, where permanent posts are vacant, to get the work extracted from the DRMs. The. content further
19 0.A. 286 of 2020 M.A. 350/161/2020 substantiates the claim of the applicants that the DRMs are rendering service against permanent posts.
The documents examined.-by us further substantiate approvals for the engagement of applicants, sanctions for payment by the competent authority and release of dues as per payment vouchers raised, hence, the claim of the respondents that the engagement was made without any engagement letter, | against fake and forged documents, and not against any particular post gets diluted and debilitated. Their paymentt has been fixed at the rate of Rs. 48.38/-
per hour which seems to be way less than their entitlement.
| 10. Having noted that in Jagjit Singh (supra) the Hon'ble Apex Court has | referred to even the daily wagers, pulling up jobs that regular. employees ' perform, as temporary employees entitled 'to remuneration on par with regular employees, we would direct the authorities to review the 'rates of Rs.
y 48.38 /-¢ on hourly basis in accordance with principle of minimum wages, and, to continue engaging the present applicants if their services are so required and so long as the vacancies of permanent posts are not filled up ona a regular basis.
This 0.A. is accordingly disposed of. No Costs.
(Dr. Nandita Chatterjee) (Bidisha Banerjee) Administrative Member Judicial Member U