State Governments and work-charged employees, daily
wage workers and casual labour-Directions of High Court-
Justification of-Orders of State Government prescribing
eligibility criteria ... unrelated to the object.
The work-charged employees, daily-wagers, casual labour
and those
827
employed in temporary/time-bound projects also approached
the High
Constitution of India, Art 41 and 42-Right to work-
Casual labour employed on project for a number of years-
Services of casual labour terminated ... completion of
Project-Scheme framed subsequently for casual labour-
Validity of-Guidelines or implementation of Scheme
Daily Rated Casual Labour ... vs Union Of India & Others on 27 October, 1987
Equivalent citations ... Author: E.S. Venkataramiah
Bench: E.S. Venkataramiah
PETITIONER:
DAILY RATED CASUAL LABOUR EMPLOYEDUNDER P & T DEPARTMENT THR
Vs.
RESPONDENT:
UNION OF INDIA
definition "retrenchment" clarified.
Construction of Section 9A -Casual labour, termination
of services of-Railway Establishment Code, Rules 2501 and
2505, explained.
HEADNOTE ... Definition-
(a) Casual labour refers to labour whose employment is
seasonal, intermittent, sporadic or extends over
short periods. Labour of this kind is normally
recruited
Lahoti, J.
A number of workers were engaged as casual labourers for the
purpose of expansion of telecom facilities in the district of Belgaum,
Karnataka ... Rated Casual
Employees Under P & T Department Vs. Union of India (supra)
the department was formulating a scheme to accommodate casual
labourers
Mondal and Shri S.K.
Chakraborty, were engaged to work as casual labours in the
office of the Ordnance Factory Board, Kolkata without going
through ... policy at the relevant point of time. After their
engagement as casual labours, they worked for two years
with appellant no. 2, i.e., till
casual worker is engaged on work. While filling
up the vacancies in group 'D' post, some preference is given to the casual
labourers ... casual workers. To allow
such uncanalised power of termination would also defeat the object of the
Scheme. Dispensing with the services of a casual labourer
Court-Representations vague, and delayed.
HEADNOTE:
The petitioners claimed to he casual labourers of the South
Eastern Railway appointed between 1964-69 and retrenched
between ... Board
laying down guidelines for the recruitment, retrenchment and
employment of casual labourers. They also relied on two
judgments of this court
respondents to the appeal were initially appointed as casual
labour in the Northern Railway, after working for one or more years, they
were granted temporary ... count the services rendered by the
applicants in the capacity of casual labour as 50% after counting 120 days
and 100% from the date
these terms :-
" Casual labour refers to labour
whose employment is seasonal,
intermittent, sporadic or extends
over short periods. Labour of this
kind is normally ... months continuously, known as Open Casual Labour; (ii)
labour on projects, irrespective of duration, known as
Project Casual Labour; and (iii) seasonal labour
