Central Administrative Tribunal - Madras
K Poovaragan vs Bharat Sanchar Nigam Ltd on 10 November, 2023
}
OA 190 /2021& hatch
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAT BENCH
O4 NO.290, 194, 235, 245,246,248, £59 ,262,270, 274,275, 278,342,
332.383, 362, 363, 364, 495, 496, 497, 518, 519,528, 531, 532,
243,550, 564, 567, 595, 773 & 776/2021
Dated Kiday the to aay of November, Two Thousand Twenty Three
CORUM: HON'BLE MS. LATA BASWARAJ PATNE, MEMBER(J)
&
HON'BLE MR.VARUN SINDHU KUL KAUMUDI, MEMBER(A)
O.ANO 180 OF 2022
MM Srinivasan [HR Ne.50000304]
S/o. M.Venkataraman,
No.412, Bajanaikoill Street,
T.K. Thanal Post, Walajapet Taluk,
Vellore District
DANO 193 OF 2022
KJaishankar (HR \a.50000283]
S/d, A. Kasi
Residing at INavur {V/F},
Thiruporur (Vie) Chengalpattu Taluk,
Kancheepuram District
OANQ 235 OF 2021
VKuppusamy THR No.500003031
S/o, K.VvadivelML dali
Residing at Arunkilam Vilage & Post,
Tiruttant Taluk, Vellore District
GAN 245 OF 2021
O.Yesuadian [HR No. 50000335]
S/o, bevatrasadam, ~
No.1a/a, Bafanalkoill Straet
Perlyakavanam,
Ponneri Taluk,
Thiruvailue District
as ApAicant
w Applicant
eo Applicant
we Applicant
;
=
O.A NO 246 OF 2024
S.Rajendran [HR No.50000307)]
S/o. Subramani,
Residing at Perumalkoil Street,
Chittoor Vilage, Senthamangalam Post,
Arakkonanifaluk, Vellore District
G.A NG 248 OF 2024
M.Ravi THR No S0000316)
S/o. Monglan,
Residing at Tupathandalam Post & Village
Thakalam, Arakkonam Taluk,
Vellore District
O.ANO 249 OF 2027
K.SoundarRajan [HR No.50000286)
S/o. Kusela Doss,
Residing at No.1, ChodlaiAdhimoolam Street,
Perlyanatham, Chengalpattu
O.ANOQ 262 OF 2024
E.Ranganathan [HR No.50000285]}
S/o. M.Elurriaat
No.66/33C BSM Quarters Road,
G.3.T.,. Maduranthagam
O.ANO 270 OF 2021
G.Rajamani [HR No.50000302]
S/o. KullavanthaG.GengatharaMudall
No.2/445, LM. Koll Straat
Aramaiyarkuppam& Post Pallipattu Taluk
Thiravallur District ~ 634 304
O.ANG 274 OF 2021
A.Kumar [HR No. 50000333]
S/o, Varumugan
No.i29, 'BD Mock,
Thiru Vi'Ka. Nagar Quarters
Alaiyammankoll Street,
Chennal 600 018
a. Applicant'
aw Applicant
we Applicant
os Applicant
.. Applicant
«. Applicant
OA 190 /2021& batch
ae
"
OANG 275 OF 2024
D.Ramesh FHR Ne.56000321)
S/o. Dural
No.57, Orathur Village,
Page Salal, Thiruttani Taluk
Thiruvalhur District
G.ANG 278 OF 2621
5,DavidBabu [HR No, 50000322}
S/o, Saivaraju
Nammaneri Village, Mosure Post,
Arekxoriam, Vellore District
O.ANO B42 OF 2024
BRajagopal [HR No.S0000310]
S/o. Pennusamy
No.S7C, Vellakalam Street
Kancheepuram
O.ANO 352 OF 2021
D.Vinayagam [HR No. 56000318]
S/a, Dhanapal
Panapakkam Village & Post
Nerul, Vellore District
GANO 355 OF 2001
A.Shanmugam [HR No.50000319)
S/o. Arumugalalcker
No.2/283, Main Road,
Kattur Village, Vermbedu Post ~ 603 110
O.ANO. 362 OF 2024
Kk. Baskar [HR No. 50000300}
S/o. A. Krishnan
No. TE4A/108
Kamatchi Amman Koll Sannathi Street
Kancheepuram Taluk
Kanchipuram District
s+ Applicant
a Applicant
- Applicant
eo ApMicant
an Applicant
o» Applicant
OA 190 20218 batch
G.ANO 353 OF 2021
G.Rajaram (HR No. S00G0287)
S/o. Govindasamy
Residing at No. Saskarpettal
Pooncherl Past,
Mahakalipuram
O.ANG 364 OF 20274
S.Ramanathan [HR No.50000295}
S/o. Subramanian
No.d/S5, Suriya Nagar
Kelambakkam Kancheepuram
OANO 495 OF 2024
M.Jeyakrishnaraj [HR No.50000293]
5/0. K.Murugan
No.1, Ramalingarn Street,
Nandhivaram, Guduvancherry
Kanchipuram » 603 202
GSANO 496 OF 2021
K.Cittibabu [HR Ne.50000322)
S/o. Karinappan
No.59, Mariammankoil Street
ThemaSamuthirarn Kanchipuram
O.ANO 497 OF 2021
C.Robert (HR No.50000312]
S/o. Chinnapatty
Melpakkam Village Parthipattur Post,
Arakkonam Taluk, Vellore District
G.ANO 528 OF 2024
V.Sankar [HR No. 50000297}
S/o. Veerabathiran,
Nin.d2, Marutham Street,
Mahalakshmi Nagar,
Nandhivaram, Guduvancherry
Kanchipuram District
OA 190 AOTL& hatch
a Apphoant
+. Applicant
a Apalleant
sox ADPlicant
«. Applicant
«» Applicant
OANO 819 OF 2021
1Agasiya [HR No. 50000298]
S/o. John Devaraj
Kavanoor Vilage & Post,
Arakonam Taluk, Vellore District
O.ANO 528 OF 2021
K.Poovarangan [HR No,500002997
S/o. Krishnan
No.2/4?7, Hlalur Post,
Perumaixoll Street, Thiruporur Via,
Kanchipuram District
O.ANO 531 OF 2021
A.Sivenesan [HR No.59000306]
9/0. Arummugam
No.8-6, Vellakulam Street,
Sanchiouram
O.4ANQ 532 OF 2021
D.Ramachandran [HR No.50000280)
S/o. A.Duraisamy
Perumailkell Street, Pinnavaram,
Senthamangalarm Post, ArrakkonamTaluk
Vellore District
GANG 543 OF 2021
A.Dhandapani [HR No.50000319]
S/o. Ayavaram,
Residing at Seethapuram Village
Muthukeandapuram, Thiruttant
Thiruvallur District
O.A NO S50 OF 2oa1
©. Thamu [HR No, 50000313}
S/a. Sengalvaraya Naidu
No.15, IupaiThandalamPost and Village
Balikandigal Arakonam
OA 190 /2021& batch
vex ABH Cant
ea AODHeant
os Apphecant
ow Applicant
a Applicant
oo Applicant
O.ANO B61 OF 2021
M.Velu [HR No. 50000275]
S/o. Mani
Residing at Jothi Nagar, .
ThupaiThandalam Village and Post
Arakonany Taluk, Vellore District
O.A NO 567 OF 2021
M.Dhandapant! [HR No, 500003198)
S/o. Munusamy
Residing at Mosur Road,
Arakonam, Vellore District
O.ANO 595 OF 2023
A.Manjunathan [HR No. 50000282}
S/o. Anjur
Residing at No.27, 12" Street,
Kalpakkam District
OANO 773 OF 2023
1. TSadasivam, TSM
3/0 A. Thanton! Staff No TSM (90138)
MettupalayamVilage
Mel Kathirooor Post
Kanchipurarm Taluk
2. A.Rameshdoss, TSM
S/o M.Aronachalam, Staff No TSM (90137)
Fulipakkam Village and Post
Chengalpattu
3. Vikanan, TSM
S/o Viswanathan, Staff No TSM (90074)
65, SadrasSatai
NathamKariam Cheri
Kachecpuram
Tamil Nedu 603109
O8 190 2021& bateh
we ADOlcank
o. Applicant
.. Applicant
aw Applicants
O.ANO "PYGOP 2021
S.Elangevan [HR No.50000292}
S/o. Subrarnani
Residing at No.1i/i, 2° Street,
Kennady Nagar Anakaputhur,
Kancheepuram District
By Advocate M/s.R.Rajesh Kumar
us.
i.The Chairman ~cum- Managing Director
Corporate Office, Bharat Sanchar Nigam Le.
Harish Chandra Mathur Lane,Janpath,
New Delhi~ i170 O64.
2. The Chief General Manager
Bharat Sanchar Nigam Ltd.,
Chennai Telephones
No. 78, Purasaiwalkan High Road
Chennel-660 010
3. The Daputy General Manager({HR&A}
Chennai Telephones, No 10, Millers Road,
Chennai-ed0 o10
4. The General Manager (Finance)
Bharat Sanchar Nigam Ltd.,
Chennai Telephones
No, 78, Purasawalkam High Road
Chennai-~600 O10
5. The Asst General Manager (Admin & Legal)
Bharat Sanchar Nigam Ltd.,
Chennai Telephones
78, Purasalwalkam High Road
Chennal-500010
By Acivocate Mr.M.Kishore Kumar, SPC
a Applicant
OA 190 2021& batch
Respondents
O
ve
5 OA 190 /2021& batch
ORAL ORDER
{Pronounced by Hon'ble Ms. Lata Baswaraj Patue, Member{(3} Heard learned counsel, MnR.Rajesh Kumar, for the applicants and MrM. Kishore Kumar, for the respondents, 2x The applicants have filed this OA under Sectlon 19 of the Adrninistrative Tribunals Act, 1985, seeking the following reliefs:
"an 1902024 Tm set aside the order of termination wide. Leno. AST/TSM/CHTO/20220/51 dated F6/OL 2021 passed by the git Respondent and consequently direct the Respondents to permit the Applicant to continue in service ti such thme he reaches the age of Superannuation:OA 191 /2021
Yo set aside the order of termination vide LeNo AST/PSM/CHTD/2020-21/68 dated AS/OL/2081 passed by the gh Respondent and consequently direct the Respandents te permit the Applicant to continue in service OM auch tme he reaches the age of Superannuation; , OA 2235/2023 WO get aside the order of termination vide In No.AST/TSM/CHTD/20U 21/84 dated 46/01/2022 passed by the gh Respondent and consequently direct the Regcpondents te permit tha Applicant to continue In service tt such time he resches the age of Superannuation;OA 245 /2021
'Ya set aside the order of termination vide LaNo AST/TSM/CHTO/2020-23/45 dated 18/02/2021 gassed by the 5™ Respondent and consequently direct the Raspoodents to permit the Apslicant to continue in service Hil such time he reaches the age of Superannuation:OA 246 /2021
'fo set aside the order of termination vide EcNo AST/TSMJCHTO/2020-01/48 dated 16/01/2021 passed by the 5% Respondent and consequently direct the Respondents to permit the Apolicant to continue in service th such time he reaches the age of Superannuation;OA 2498/2024
fo sat aside the order of termination vide LoNe. AST/TSM/CHTD/202G-241/57 dated 16/01/2021 passed by the St" Respondent and consequently direct the Respondents to permit the Applicant to continge in service HI such thne he reaches the age of Superannuations 8 OA 190 (20218 batch OA 2498/2021 Te set aside the order of termination vide LeNo AST/TSMYCHTD2020-2198 dated 16/01/2024 passed by the 5° Respondent and consequently direct the Resoondeants ta permit the Applicant to continue in sence NH such time he reaches the age of Superannuation;OA 2362/2024
Te set aside the order of termination vide LeNo.AST/TSM/CHTD/2020-24/72 dated 16/C1/2021 passed by the 5 Respondent and consequently direct the Respondents to hermit the Applicant to cantinue in service tif such time be reaches the ape of Superannuation:
GA 270/2022To set aside the order of termination vide LiMo ASTFTSM/CHTD/2020-21/63 dated 46/01/2021 passed by the 5th Respondent and consequently direct the Respondents to permit the Applicant to continue in service tH such time he reaches the age of Suseraanuation: .OA 2744/2024
Ta eet aside the order of termination vide LiNe AST/TSM/CHTD/O020-21/ dated PA/OL/2021 passed by the 5" Respondent and consequently direct the Respondents to pevnit the Apolicant to continue in service NM such time he reaches the age of Superannuation;OA 2775/2024
Ta set acide the order of termination vide vide Lino. AST/TSM/CHTD/2020-21/54 dated 18/01/2022 passed by the gih Respondent and consequently direct thé Respondents td permit the Applicant to continue in service HM such time he reaches the age of Superannuation;
OA 2/8/2024 To-set aside the order of termination vide Vide LaNo.AST/TSM/CRTD/2020-2 1/67 dated 26/01/2021 passed by the sth Respondent and consequently direct the Respondents to penrit the Applicant to continue in service {Ht such time be maches the age of Superannuation;OB 2/021
To set asikie the order of termination vide Le No AST/TSM/CHTD/2020-21/49 dated 16/01/2021 passed by the 5 Responient and consequently direct the Ressondents to permit: fhe Applicant to continue in service HH such time he reaches the age of Superannuation:GA S52 /2021
To set aside the order of terminatian wide EcNo.AST/TSMY/CHTO/2020-21/86 dated AS/O1/2021 passed by the gi Respondent snd consequently direct the Respondants to permit the Aggliicant to continue in service Mo such time he reaches the age of Suparanauatons OA B83/2034 Yo set aside the order of termination vide isNo.AST/TSM/CHTOV2020-21/80 dated 10 OA 190 2021& batch 18/01/2021 passed by the 5h Respondent and consequently. direct the Respandants to permit the Applicant to continues in service til such time he reaches the age of Superannuation;OA SH2/2024
Yo set aside the order of termination vide Leno ASTISM/CHID/2020-23/70 dated 46/01/2021 passed by the &* Respondent and consequently direst the Respandents to ao parmit the Applicant to constiive In service UH such time he reaches the age of Set Superannuation;
BA 33/2021To set aside the omer of termination vide Li No AST/TSM/CHTD/3020-24/83 dated 26/01/2021 passed by the 5 Respondent and consequently direct the Respondents to permit the Apelivant to. continua tn service CH such time he reaches the age of Superannuation;
On Ssi4/goed Yo setagide the onder of termination vide LnNta.AST/TSM/CHTD/S020-27/79 dated 46/02/2021 passed by the 5% Respandent aad consequently diract the Respondents ta permit the Apolicant to continue in service til such time he reaches the age of Superannuation:
OA 4908/2093To set aside the order of termingtion vide LeNG.AST/TSM/CHTD/S020-32/76 dated 46/01/2021 passed by the s™ Respondent and consequently direct the Respondents te permit. the Applicant to continue in service fH such time he reaches the age of Superannuation;OA 4936/2021
Yo set aside the ater of termingtion vide L.No.AST/TSM/CHID/2020-21/47 dated 46/01/2021 passed by the 5" Respondent and consequently direct the Respondents 10 perait the Applicant to cantintie in service ti such time he reaches the age of Superannuation;
OA 4A97/202%:
Yo set aside the arder of termination vile LnNe.AST/TSM/CHTD/2020-21/53. dated 16/01/2021 passed by the git Respondent and consequently direct the Respondents to permit the Applicant fo continue In service tll such trae be reaches the age of Superannuation; , OA 518 /2021 Yo gat aside the arder of termination vide LWiNo,AST/TSM/CHTD/2020-23/75 dated 16/03/2021 passed by the gih Respondent and cansequantly direct the Respondents to permit the Applicant to continue in service til such time he reaches the age of Superannuation:
OA SLOf2021 Yo set aside the order of termination vide brNo.AST/TSM/CHTD/2020-22/81 dated 16/01/2021 passed by the s™ Respondent and cansequently direct the Respandants te permit the Applicant to continue In service UN such time he reaches the age of ge il OA 190 72021 batch Superannuation;
OA 52872022 Jo set aside the order of termination wde Lr No AST/TSM/CHTO/I020-01/89 dated 16/01/2023 passed by the st Respondent and consequently direct the Respondents to permit the Apalicant to continua In service ti such time he reaches the age of Superannuation;
OA S84 J2027 ¥o sat aside the order of termination vide LeNe.AST/YSM/CHTD/2020-23/80 dated 26/01/2021 passed by the 5 Respondent and consequently direct the Respondents to permit the Applicant to continue in service till such time he reaches the age of Superannuation;OA 532/2023
To set aside the order of termination vide LeNG AST/TSM/CHTD/2020-21/69 dated 16/01/2024 passed by the s™ Rescondent- and consequently direct the Ressondents.to permit the Applicant to continue in serviee MH such tire he reaches the age of Superannuatiog OA 5435/2024 To set aside the order of termination vide LeNo.AST/TSM/CHTD/2020-21/58 dated 16/01/2021 passed by the 5 Respondent and consequently direct the. Respondents to permit the Applicant to continue in. service HN such time he reaches the age of Superannuation;GA 550/2024
Yo set aside the order of termination vide LeNo.AST/TSM/CHTD/2020-04 759 dated 26/01/2021 passed by the 5" Respondent and cansequently direct the Respondents to permit the Agplicunt to centinue in service tN such time he reaches the age of Superannuation;OA 5651/2021
Yo. get aside. the order of termination vide LeNo.AST/TSM/CHTD/2020-24/67 dated 16/01/2021 passed by the 5 Respondent and consequently direct the Respondents to permit the Apniicent to. continue in service Gif such firme He maches the age of Superannuation:OA 5367/2021
To set aside the order of termination vide isNo.AST/ISM/CHTO/2020-21/59 dated 16/01/2021 passed by the 5 Respondent and consequently direct the Respondents to permit the Applicant to continue in service Hil such time he reaches the xge of Superennuation;
< OA SOS/2022 > sat aside the order of termination vide LeNo AST/TSM/CHTD/2020-21/7% dated _ 16/02/2024 passed by the 5°? Respondent and consequently direct the Respondents to permit the Applicant te continue in service UN such tima he reaches the age of Suparannuation;
W 12 OA 190 2021& barch OA 7738/2023 To Set aside the Enquiry Committee Report bearing Ref No [DE(legal} Extensian File No:
iC/HOSCATAIA USER AS82012 /Personal Enquiry 2] dated G/1/2045 and Order of Termination bearing impugned Order of Termination dated 16/4/202ibearing Ln No AST/TSM/CHID/2020-2 1/66, ly No AST/TSM/CHTD/2020-21/85, te Na AST/TSM/CHTD/2020-21/86 passed by the 3°¢ Respondent and diract the Respondents to pay all attended benefits, pay and service benefits without break in service.OA 7976/2023
Te set aside the order af termination vide LnNo AST/TSM/CHTD/2020-21/97 dated L6/0L7/2021 passed by the git Respondent and consequently direct the Sessonddents to permit the Apglicant to continue in service tll such time he reaches the age of Superannuation;
3. The brief facts of the case are as under:
{1} The applicant in GA 190/2021 joined as Casual Labour an 26/02/1994 and his date of Appointment ss femporary Status Mazdaor is 12/02/1999: (2) The applicant in OA 191/2021 joined as Casual Labour on 12/05/1993 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (3) The applicant in GA 235/2023 joined as Casual Labour on 15/05/1995 and fils date oF Appointment as Temporary Status Mazdoor is 12/02/1999, (4) The applicant in OA 245/2021 joined as Casual Labour on 01/08/1993 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (5) The applicant in OA 246/2021 joined as Casual Labour on 11/01/1990 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (6) The applicant in OA 248/2021 joined as Casual Labour on 01/03/1994 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999:
(7) The applicant In OA 249/202] joined as Casual Labour on 31/12/1994 and his date of Appointment as Temeorary Status Mazdoor is 12/02/1999;
{8} The applicant in OA 2632/2021 joined as Casual Labour on 01/07/1992 and his date of Appointment as Temporary Status Mazdoor is 12/02/1989;
m3 OA 190 2021 & batch (8) The applicant in GA 270/2021 joined as Casual Labour on 15/05/1995 and his date af Appointment as Temporary Status Mazdoor fs 12/02/1999) (10) The applicant in OA 274/2021 joined as Casual Labour on 04/01/1990 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (11) The applicant In OA 275/2021 joined as Casual Labour on 08/06/1992 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (12) The applicant In OA 278/2021 joined ag Casual Labour an 21/02/1994 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (13) The applicant in OA 342/2021 joined as Casual Labour on 21/09/1992 and his cate of Appointment as Temporary Status Mazdeor fs 12/02/1999; (14) The applicant in OA 3592/2021 jelned as Casual Labour on 19/10/1992 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (15) The applicant in OA 353/2021 joined as Casual Labour on 01/12/1992 and his date of Appointment as Temporary Status Maztioor is 12/02/1999; (16) The applicant in OA 363/2021 joined as Casual Labour an 13/04/1987 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (17) The applicant in OA 364/2021 joined as Casual Labour on OL/01/1993 and his date of Appointment as Temporary Status Mazdoor ts 42/02/1999; (18) The applicant in OA 495/2021 joined as Casual Labour on niyoo/1992 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (13) The applicant in OA 496/2021 joined as Casual Labour on 16/07/1990 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (20) The applicant in OA 497/2021 joined as Casual Labour on 01/01/1993 and his date of Appointment as Temporary Status Mazdooris 12/02/1999;
214 OA 190 4021 batch {21} The applicant in OA 518/2021 joined as Casual Labour on 01/04/1993 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (22) The applicant In OA 5193/2021 joined as Casual Labour on 26/11/1994 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999;
©) {23} The applicant in OA 528/2021 joinad as Casnal Labour on 01/11/1993 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; {24} The applicant in OA 531/2021 joined as Casual Labour on 01/10/1992 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999:
(25) The applicant in OA 532/2021 joined as Casual Labour on 01/11/1993 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (26) The applicant in OA 543/2021 joined as Casual Labour on 14/10/1991 and his date of Appointment as Temporary Status Mazdoor fs 12/02/1999; (27) The applicant In OA 5580/2021 joined as Casual Labour on 01/10/1992 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999:
(28} The applicant in OA 561/2021 joined as Casual Labour on 01/06/1989 and his dabe of Appointment as Temporary Status Mazdaor is 12/02/1999; (29) The applicant in OA 567/2021 joined as Casual Labour on 19/10/1992 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999; (30) The applicant in OA 595/2021 joined as Casual Labour on 26/11/1994 and his date of Appointment as Temporary Status Mazdooris 12/02/1999; (31) The applicants in OA 7773/2023 T.Sadasivam joined as Casual Labour on 26/09/1994, A.Rameshdoass (date unknown}, V.Kannan (date unknown) and their date of Appointment as Ternporary Status Mazdoor is 12/03/1994:
(32) The applicant In OA 7786/2021 joined as Casual Labour on 01/12/1989 and his date of Appointment as Temporary Status Mazdoor is 12/02/1999.
Poe 2 a . encores Seat encreniier tenets, 2 Se mnnrnntns . PN 13 OA 190 2021 & batch The details of their caste and date of birth are given as under:
[Si.Mo (Case OA No. iName Community fOLO TC NEW TC ho M.VSRINIVASAN _(loBC fosvos/i9es --_osyos/1974 K JATSHANKAR MBC See an = (a_i IV.KUPPUSAMY gc ozfei/iess --_fisvoasises 4 288/23 S.RAJENDRAN sc (20/07/1983 __fo2/eei963 5 [2eefot M.RAVI sc is/oxyi96S = faayoayiges & --faagyar [KSOUNDAR RAIAN [SC 1S/O1f3968 07/03/1968 | i? 270/21 iis Rajamanr BC osyo7/i967 [31/07/1985 8 274/23 IA. KUMAR MBC 27/02/1969 27/02/1969 9 ip7sya3 D.RAMESH Sc o7foryi9ss --flas/o1/1972 10 ig4ayo1 BRAJAGOPAL BC 20705/1965 --_ taayos/1967 BA [363/21 G.RATARAM sc jesssa/s966. [25/08/1969 12 [Seafai_IS.RAMANATHAN MBC foz/os/i968 -- jzasoasig7s 13 lageyay ia CHITIBABY sc 25/06/1965 {30/05/1965 34 [497/21 WCROBERT i SC iPO/O1/1962 16/06/3963 [8 jste/2 MSANKAR Mec 12/20/1965 --_ 03/06/1970 16 s1972 JAGASIYA mis 1968 17 isae/2i K.POOVARAGAN IMBC 24/07/1966 24/06/1972 18 |s3if2t A, STVANESAN ac 25/12/1968 ov/oss1972 jig [saay2 B.RAMACHANDRAN SC 26/03/1965 lo os/orsi96s 20 _|se3r2 A.DHANDAPANI sc og/tifiss4 -- ileifigyisss | 21 issoy2i C.THAMU Bc [noforfises -- fas/os/is6e 22 [sere fmvetu [sc jox/osyises --fosyeayis70__ 23 [se7/23 IM. DHANDAPANT {sc fos/os/iess --_-- faay10/1972 94 isssy2i JA. MANDUNATHAN Isc 2aog/19se --_ izayos/1967 as (353/21 (A. Shanmugam josc I5/07/1956 IS/OS/3970 26 _|24s/21__[D.YESUDIAN | = ee jos/os/isea --_fos/as/i96e av 252/21 D.inayagam 7 06/02/1965 O7/G5/1961 28 [77372023 A. RAMESH Doss 20/03/1968 | a/asyi972 39 |773/2022 (f. SADASIVAM = _ ozog/ises _[lp2/a6/i970 30 _ [77372023 _|K.KANNAN MBC 19/03/1973 -- fLayva3/i973 31 fssayea |i Baskar SC Josfiasises --_josyosyis72 | 32 495/22 _|Mdayakrishnanraj SO 16/08/1956 --fasyoa/i973 33 [78/2 S.Elangeven MBC _(CPOFAOG/ISEG 07/05/2956 34 #262/21 Ranganathan MEC 03/02/1967 03/03/1972 35 fleyey2i--flpavidbabu BC 17/09/1966 17/04/1968 The applicants were appointed as Temporary Status Mazdoors and were working for more than LO years with the Respondent organisation While Faas i6 OS 100 (20218 batch working as such, a show cause notice was issued to the applicants for giving bogus transfer certificate as age proof. The Respondents demanded the Original Transfer Certificate and the applicants submitted the same. The respondents accepted the same and enrolled thern In GPF as well at par with Group D employees. But the Respondents did not reguiarise the applicants even after 20 years of cantinuous working. .
2.4 The applicants had earlier fled OA NQ.1371 of 2011 praying for regularisation. During the pendency of the OA, the respondents had terminated their services on the ground of submission of Bogus Transfer Certificate as age proof, vide order, dated 7.2.2011. The order of termination was challenged In QA Nos.i56 & 159 of 2012. Vide its order, dated 22.6.2012, this Tribunal allowed the OA by setting aside the termination arder with liberty to the BSAL to re-verify the genuineness af the certificates of the applicants end the Applicants were reinstated.
Subsequently, on similar lines OA No.i37i of 2011 was also allowed by this Tribunal In terms of the order passed in OA Nas.iS6 & 159 of 2012. Based on the said order passed by this Tribunal, similarly placed TSMs along with the applicants were reinstated.
2.2 The apnlicants further contended that the Respondents, vide fetter, dated 25.7.2017, had informed that the certificates issued by the applicants were found genuine and recommended to contnue 'them ti their superannuation, But when the applicants retired on superannuation, the respondents did not grant any of the retirement benefits, including gratuity, though the respondents vide their letter, dated 4.11.2016, had specifically stated that the TSMs who have retired are eligible for grant of qratuiby. The applicants have submitted another representation, dated 26.11.2018, seeking the above benefits. Since no reply was received, the applicants oom 17 DA 190 AQIS batch preferred OA No.335 of 2019, in which this Tribunal directed the Respondents to pass a speaking order on the representations of the applicants. In compliance with the directions, the respondents passed order, dt.7.11.2019, rejecting the representations, Hence the applicant filed this OA praying for the aforesaid relief, 3 After notice, the respondents have entered thelr appearance through the counsel and filed a detailed reply and contended that all the applicants' initial date of entry, except that of the applicant In OA 3963/2021, are after the cut-off date under the 1989 TSM Scheme, f.a., 07.11.1987, and, hence, they are nat entitled to consideration under the 1989 TSM Scherne, in any case. Further, the applicants submitted photocopies of certificates in support of their date of birth/educational qualifications, based on which they were granted TSM status, Subsequently, just before corporatization of DoT inte BSNL, a circular, dt.29.09.2000, was issued by DoT to requiarise all casual fabourers working In the department, Including those who have been granted temporary status, Accordingly, In 2002, during the process of requiarisation, the Respondents called for original certificates in support of the date of birthfeducational qualifications and the applicants and the other TSMs produced the same. During this process, an anonymous complaint was received by the Department alleging that same of the TSMs had submitted bogus date of birth certificate and the Vigilance Wing checked the veracity of these dacuments by referring the certificates submitted by the TSMs to the concerned school authorities and found that the certificates in respect of 53 7SMs (including the applicants herein} were begus. The TSMs whose certificates were found to ba genuine, were reguilarised,
4. THe Respondents further contended that the applicants have played fraud on two government institutions, one being the Department of 18 OA 190 /2021& batch Felecommunications, Government of India, and other being the Employment Exchange, which amounts to criminal offence and all these three applicants were served show cause notice in the year 2007, In reply to the show cause notice, they stated, In uniformity, that the verification report was obtained behind their back In the year 2004. In any case, the applicants have failed to explain how the same bogus date of birth could appear on the employment exchange certificate also. The applicants have only produced these certificates during 1998 while applying for regularisation under the TSM Scheme and again in 2002 when called for in the Respondents' Vigilance enquiry for verification. The respondents had also contended that the Scheme clearly states that if a Jabourer with temporary status commits a misconduct and the same is praved in an enquiry after giving him reasonable Opportunity, his services will be dispensed with. Accordingly, the respandents prayed for the dismissal of the GA.
5. Heard the Learned Counsel, M/S.R.Rajesh Kumar, for the applicant and Learned Counsel, Mr M.Kishore Kurnar, for the respondents and perused the records.
6. The learned counsel for the applicants submitted that the issue has already been dealt with by this Bench In OA No 209/2020, vide order, dated 29.03.2023, wherein this Tribunal had allowed the OA, Further, while dealing with a similar issue, the Hon. High court of Madras, In WP No.6415/2016, has considered the issue In respect of false certificate tendered by the employee and granted relief to the petitioner, therein. The relevant portion of the order is extracted hereunder:-
"49. I hold that these fects have not been properly enquired by the enquiry officer, The enquiry officer should realise that a solemn duty had been cast upon him particularly, when he was examining the fate of the service of a smaff of the Department. Any adverse finding detriment to the delinquent would cause economic death to the family of the delinquent. A falr Opportunity must have been granted.
, 19 OA 190 20218 batch Efforts must have been taken by the respondents to ensure that withesses are summoned and documents are produced and witnesses who are summoned, are oross- examined be the delinquent and the documents whieh are produced, pass the tests of admissibility, relevancy and proof and genuinity, When.a document is not fested in the aforesaid manner, if cannot be teken on its fave value, particularly in an enquiry which is adversial in nature.
28. [hold that concept of a departmental enquiry is to provide equal opportunity to the delinquent to put forth his case and give him an equal platform to cross examine the witnesses produced on behalf of the respondents. The charges may be proved by preponderance of probabilities, but the evidence must be trustworthy, ithe evidence is nol trustworthy, so conclusion could be reached on the basis of such evidence. Appreciation of evidence could be a matter of subjective satiefuction, but whatever the evidence which is appreciated, care should be taken that such evidence had been questioned by the delinquent and tested in manner known to lave. Witnesses should be srossexantined, The concept of evidence includes not only evidence in ghiel, but alsa evidence which is adduced during cross-examination. Both should be evaluated and then, a conclusion should be reached. A dowument should not be taken at its face value. It musi be tested on admissibility and proved in the manner known to law and must be relevant to the issues which are the subject matter of the enguiry. The document should also be gemtine in nature. [fa document fails in any of these tests, such document should sot be the basls of any conclusion reached by the saquiry officer."
7, On the other hand, learned counsel for the respondents relied upon the order passed by this Tribunal: in OA 51/2021 and confirmed by the Hon. High Court of Madras in WP 2478/2021. The order of the Hon. High Court of Delhi in WP(C) No.6327/1999 in Harpal Vs. the Presiding Officer, Labour Court, VI, Delnl & Ann, dated 03.01.2007, and the following decisions of the Hon. Supreme court In respect of false certificates:
(Order, dated 30.10.1995, in Union of India & Ors Vs. M.Bhaskaran (Order, dated 19,12.2003, in Appeal (Civil) 49 of 1999 in Teri Oak Estates (P} Ltd. Vs, UTChandigerh & Others
(ii) Order, dated 07.01.2004, In Appeal (Civil) 89 of 2004 in BR, Vishwanatha Pillai Vs.State of Kerala & Ors {iv} Order, dated 02.02.2006,in Appeal {Civ} 3044 of 2003 in Rarn Saran Vs. IG of Police CRPF & Others fv} Orderdated 16.11.2006, in Appeal (Civil 4996 of 2006 in Indian Drugs & Prarmaceuticals Ltd. Vs. Workman, Indian Drugs & Pharmaceuticals Ltd
i) 20 OA $90 /2021& batch B. It ig to be noted that the applicants have approached this Mbunal in OA 1371/2011 along with 45 others for regularisation of service. Pending the said OA, the respondents have, by order, dated 07.02.2012, terminated the services of the applicants along with that of other TSMs. In respect of the said termination order, the applicants and others, who have been affected by the said order, fled OA Nos.156 and 159 of 2012. The sald application was allowed with direction to the respondents to reinstate those applicants into service and the respondents were given the liberty to hold a regular enquiry to prove the genuineness of the date of birth, transfer certificate, 9, Ibis also to be noted that, subsequently, when the OA 1371/2011, fled by the present applicants came up for final hearing, this Tribunal disposed of the apelication, following the order passed in OA Nos. 156 and 1599/2012, and the applicants were retained in service but not granted regularisation.
The applicants made individual representations, dated) 26.11.2018, In this regard. Since there was no reply, the applicants filled OA No.335/2019 in this Tribunal. Vide its. order, dated 21.03.2019, this Tribunal directed the respondents ta consider the representation. In compliance with the said order, the respondents have considered and rejected the request, vide order, dated 07.11.2015, iG. Tt is to be noted that under the 1989 TSM Scheme, the respondents requiarised the service of all the Casual Labourers who had been engaged as Castial Labourers even after 1989, til 1994. When the process was Initieted for regularisation of these Temporary Status Mazdoors In the year 2002, the respondents called for the original certificates as proof of year, in the year 2002, and the applicants along with others appeared before the Verification Committee on 08.02.2002 and submitted the relevant records for 21 OA 190 7202 batch verification. The certificates submitted by the applicants and other Casual Labourers were verified and it was found that some of thé empioyees had submitted false certificates. Hence, the respondent authorities have issued a show cause notice on 27.02.2007 with a direction to submit genuine certificates, Thereby the applicants submitted their representations, dated 28.03.2007, along with the original certificates to prove their sce and submitted that the applicants had been working continuausly in the fleld for more than 10 years as Casual Labourers and that they belong to the weaker sections of the society, working hard for their bread and butter, and requested to regulsrise their services on the basis of the genuineness of certificates which they had produced on 28.03.2007, ii. Itis to be moted that, after verification of these certificates, the officer of the respondents, Sub-Divisional Engineer (Admn} sent a fist on 30.3.2009 with the recommendation to consider them for regularisation. In that, there were almost 56 names including those of the applicants in the present OA.
12. It is te be noted that, even after the recommendation of the Sub Divisional Engineer of the department, no steps were taken by the respondent authorities for regularisation of the services of the applicants and other Casual Labourers. The apolicants then approached this Tribunal and filed O.AWNo.1374/2011.
13. It is to be noted that pending the said OA, the respondents have terminated the services of the 53 TSMs, Including the above applicants. Therefore, the applicants approached this Tribunal in OA Nos.156 and {59/2012 and challenged the termination order, dt.07.02,2012. After considering the issue at length, this Tribunal has set aside the termination on the ground that without conducting a regular enquiry to ascertain the () 22 OA 190 2021 & batch genuineness of the certificates, the respondents violated the principles of natural justice and directed the respondents to hold reqular enquiry to ascertain genuineness of the date of birth and further observed that if the applicants prove that they had produced genuine certificates, they are entitled to regularisation. If the applicants failad to establish that their certificates are genuine, the respondents are at Hberty te take apsropriate decision in accordance with Rules.
i4, Accordingly, the respondents conducted regular enquiry to verify both the certificates. However, the 1* Certificate placed on record in the office of the respondents was found to be false and the 2™ certificate produced by the applicants in the year 2007/2008 was found to be genuine. On the report of the Committee, the General Manager, by his order, dated 25.07.2017, observed that these applicants, including other 50 TSMs, had been working In the Department for the jast 20-30 years for their livelihocd and depending only on the @SNL, At this age, it may not be possible for those employees ta get employment anywhere else, It was also observed that all these TSMs are ilterate and belong to Below Poverty Une (BPL} famfies and were wrongly guided in thelr wrong doings, which they have expressed in their submissions. It is also a fact that an opportunity was given in the year 2008 to submit original genuine certificates and all these TSMs complied with the orders and submitted their genuine date of birth certificates, which were verifled to be genuine by the Department. The General Manager directed the authorities to allaw these TSMs, including the applicants, to continue thelr services tlt they attain the ege of 60 years and, accordingly, the competent authority Issued approval. However the applicants were terminated by the impugned orders, Ip. If ts to be noted that, as observed by the General Manager of the 23 GOA 190 ROLE batch Respondants, due to poverty and pitiable financial condition, the appfiicants, who were in need of a job, joined the said job, even though it was hard, laborious job. For the said job, ne qualification was required. The job involved digging pits for laying cables, and joining cable wires. They had signed all the papers which were shown to them.
16. It is to be noted that the respondents by their OM, dated LL.OF.1974, have issued guidelines for regularisation of Casual Labourers and the same shall be through the Employment Exchanges, The Casual Labourers who were. originally recrulted through the Employment Exchange and had served for 480 days aver a period of two years, could be absorbed straight-away in regular Class JV vacancies, iv. It js further noted that by the circular, dated 07.11.1989, the department has frarned the Scheme of Casual Labourer Grant of Temporary Status and Reguiarisation under which those Casual Labourers who have been engaged for 240 days (206 days, In the case of offices observing 5 day week) will be designated as Temporary Mazdoors.
i8. Ibis also to be noted that in spite of the ban on recruitment of Casual Labourers, certain respondents/officers engaged the Casual Labourers to complete the work to achieve the target even after the cut-off date, i.¢.,
7. 11.1987, however, so far, nothing has been placed on record to show what action has been inflated against such officers as directed tn the said circular, db7.11.1987. it is observed that, In the list of Casual Labourers of the year 1999, those who were cranted TSM, w.e.f, 12.02.1999, the names of the applicants were also recorded.
to. As recorded above, when the srocess Ras been initiated for regularisation in the year 2062, once again the respondents called forthe certificates from the TSM as proof of their age to fix their date of retirement.
(3 24 OA 190 (202 Le batch Mere perusal of the OMs issued by the respondent authorities, since i965 onwards, shows no criteria fixed for essential qualification far joining as Casugl Labourers. Documents were required to be submitted by the TSM/CL only to show their age.
29, it is to be noted that as per the recommendations of the Generel! Manager of the Respondent office, by letter, dated 25.07.2017, the applicants and others were allowed to retire fram service on their superannuation.
21. It is to be noted that the respondents are relying upon clause (9) of the Annexure, issued along with the circular, dated 07.11.1989, holding that if a labourer with temporary status commits misconduct and the same is proved In an enquiry, after giving him reasonable opportunity, his services vill be dispensed with. They will not be entitled to the benefits of encashment of leave on termination of service. It is to be noted that misconduct is an act committed by an employee with i motive. In the matter of the applicants, they belong to the SC, MBC and OBC communities. Admittedly, they are Below Poverty Line (SPL), working in the Department for the last 20-30 years for thelr livelihood and the same is only are solely dependent on the BSNL. They worked hard with full dedication and completed the assigned work within the prescribed time frame to fulfill the objective and to achieve the targets and nowhere the respondents have raised any complaints against the work rendered by the applicants and other TSMs and their work was very much appreciated Sy the respondents. Though, In the year 2002, the documents in respect of age proof, submitted by some of the TSMs were not found to be genuine, after Jooking at the hard work rendered by the apolicants with other TSMs, the department gave them ar opportunity to submit genuine certificates by issuing show cause notice in the year 2007.
25 OA 190 22021& bateh
22. Admittedly, the poor applicants, along with other TSMs submitted their original dacuments as age proof and, so far, the respondents themselves took the decision to recommend the case of the applicants along with other TSMs for their regularisation in the year 2009. Since there was na action, the applicants appreached this Thbunal for Regularisation. Ite seems, the respondents have a grudge against the poor applicants, and therefore, they terminated the services of the applicants In the year 2012 and the said order of termination has been quashed and set aside. After the Committee's Raport In respect of the documents In support of age and after obtaining legal opinion, the General Manager of the respondents office, by recording ali the facts, issued a recommendation by letter, dt.25.07.2045, and the competent authority has accepted the seme and allowed them to continue their services til the age of retirement.
23. Ibis to be noted that the Hon'ble Kigh Court of Madras, in the order, dated 19.07.2011, in WP No.16733/2009 along with other connected WPs, while considering a similar Issue, studied the Scheme framed by the DOPT on 7.5.1985 and held thus: | "89. Cantinuing further, it is also mentioned that the Hon'ble Supreme Court have considered the question as to whether the services of the casual labourers who had been given temporary status could be dispensed with as per clause 7 as if they were regular casual labourers and observed that -
"The casual labourers who acquire 'temporary' status cannot be removed merely on the whims and fancies of the employer If there is sufficient work and other casual labourers are still to be employed by the employee for carrying out the work, the casual labourers who have acquired 'temporary' statis shall not be removed fron service as per clause 7 of the Scheme ete,"
The Hon'ble Suprerne Court have considered the question as to whether the services of the Casual Labourers who had been given Temporary Status could be dispensed with as per the clause (7} as if they were recruited as Casual ab OA 180 2021 & batch Labourers and observed that the Casual Labourers who were confirmed wth Temporary Status cannot: be removed merely on the whims and fanctes of the employer
24. [tis to be noted that, in the year 2008, the applicants had submitted the original docurnents as proof of age which were found genuine, along with the statement that the decuments available on record do net baiong te them.
25. It is to be noted that after the detailed observations made by ne General Manager in his letter, dated 25.07.2017, regarding the approval of the competent authority to allow the applicants to be retained in service fil their attaining the age of 60 years, the respondents allowed the applicants to continue til 2021 and, thereafter, terminated them which in our considered opinion is not sustainable, They are entitled to reinstatement/regularisation and other consequential benefits, 26 itis to be noted that by the order, cated 28.1.2021, in OA No.5i/202i, this Tribunal has observed that, after the said enquiry conducted on the directions, dated 2.2.2012, the applicants' services were terminated and, after observing all the facts, this Court has dismissed OA No.Si/2021. It Is ta be noted that the facts of that case and the present case are totally different. Herein, the respondents have terminated their services neither In the year 2002 when for the first time the alleged documents were noticed nor after the directions Issued in the year 2012, However, the respondent authorities Rave allowed the aoplicants to work iH 2021. Therefore, the applicants are entitled not only to the benefit of reinstatement and regularisation, but also to other benefits available to the employees wro retired on thelr superannuation,
27. Every one has to be given an opportunity to correct their mistakes. If risk "y a? OA 190 /2021& batch mistake has been rectifled after such an opportunity, the same has to be accepted by the authorities. Since the documents as proof of age were called for fixing the retirement agé only and, admittedly, the GM of BSNL, after seeking legal advice, allowed the applicants to render their services fl 2021, once they have been allowed to work on the approval ef the competent authority, their termination is not sustainable,
28. It is ta be noted that, even recently, the Hon'ble Supreme Court has observed that the Court always believes in forgiveness. Accordingly, authorities also have to act liberally in the matter of Casual Labourers, whe belong to the weaker sections. In the said circumstances, policy decisian has been taken to grant them temporary status for their requiarisation. By act itself, opportunity has been granted to the employees to correct the record in respect of age, submitted earller by the employees at the time of entry, within 5-year period, fram the date of joining. Whatever the reasons, if the employees have submitted some certificate and In the process of correction they have submitted another certficate, the respondent government is accepting the same, otherwise, Courts are interfering in the matter to direct the government authorities to correct the Date of Birth, In secardance with subsequant certificates, It is to be noted that in the case of the applicants, the respondents required the age proof only to fix their age of retirement. Gnce the genuine certificates were submitted, according ta the directions of the respondents, we do not find any merit in the submissions of the respondents that the applicants have submitted bogus certificate to seek employment, that, foo, as Casual Labourer. Moreover, It ig not the case of the respondents that, because of said act of the applicants, any monetary loss has been caused to the Department. No applicants joined the department below age of 18 or worked beyond the age af 60 and, as 28 OA 190 20218 baw such, this proof of age was only required to fix the date of their retirement.
29. Therefore, in our considered opinion, the action of the respondents in not considering the claim of the applicants for regularisation and granting the benefits to which they are eligible and entitled is bad in law, 30, The issue has been dealt with by this Bench in OA No 209/2020 wherein this Tribunal, vide order, dated 29.03.2023, allowed the OA. Tt is ta be noted that though the order passed by this Tribunal in OA Si/s2021 dismissing the OA Is confirmed by the Hon. High Court In WP 2479/21, none of the facts mentioned above have been discussed either by this Tribunal or by the High Court and, therefore, that order is per Incurlam. However, while discussing all the details from the time of appointment as wel! as the policy in respect of dispensing with the services on false submission, the respondents, even after coming to know the fact that the certificates in respect of the date of birth submitted by the applicants were false in the year 2002, itself, continued to take the services of the applicants. They themselves gave an opportunity to bring the true certificate, that, too, in the year 2007, and after verifying the certificate submitted by the applicants along with those of other employees in the year 2007/2008, the immediate authority who accepted the sald certificates, processed the file of the applicants with other applicants for requiarisation.
31. itis also ta be noted that the applicants are below poverty line and belong to the reserved categories and worked in the respondenz organisation with full devotion and have rendered dedicated services to the organisation. When the competent authority has approved the retention of the 53 employees, including the applicants in the year 2017, upon approval of the competent authority, the General Manager of the respondent organisation had decided to retain the applicants til their superannuation, However, the 29 | OA, 190 2WH21L& batch respondents have decided to retain some of the employees and terminated the rest of the amployees, including the applicants, which is' clearly an act of discrimination. The termination order does not sustain in the eyes of jaw. Therefore, the impuaned orders of termination are hereby quashed and set aside. The respondents are directed to reinstate the applicants into service and requiarise them as regular Mazdoors fram the date of appointment as Temporary Status Mazdoors and grant all the consequential service benefits, including Pension and Gratuity, etc.,, within a period of 3 months, from the date of receipt of a certified copy of this order. The GAs are allowed. No order as fo cost.
Gee Mo Dn aan aah "ater