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Court In The Case Of Secretary, State Of ... vs . Uma on 9 April, 2015

4. The respondents 2 to 4 filed their counter contesting/ opposing the case of the applicants by stating that the Baripada Unit of BSNL Orissa Circle forwarded names of 167 casual/contractual labourers for scrutiny without proper supporting documents of their engagements, which resulted in return of their names to Telecom Divisional Manager, Baripada vide letter dated 21.06.2006 for review. Meanwhile, various court cases were filed before the Hon'ble High Court of Orissa, Tribunal and CGIT for which the process of RAVI KUMAR 2026.02.10 15:38:20 +05'30' 7 OA 260/00654 of 2015 regularization was kept in abeyance by the order dated 04.03.2004. The regularization was not legally permissible as per the decision of the Hon'ble Apex Court in Civil Appeal Nos. 3595-3612/1999 in the matter of State of Karnataka Vs. Uma Devi and dated 16.01.2009 in SLP(C) No. 7803 of 2006 in BSNL Vs. Teja Singh. They have also denied that any such similarly situated casual worker of BSNL has been regularized and it has been stated that various types of technical and non-technical works of BSNL are being carried out by the regular employees of BSNL. Some maintenance and developmental activities are assigned to the approved labour contractors on job contract basis and, that BSNL is not engaging casual labourers directly. There is a continuing ban on engagement of casual labourer in DOT/BSNL. There is no record that the applicants were engaged in the office of the TDM, Baripada as casual labourers. The applicants are engaged and payments are made only through the contractors. It is not correct to state that they are covered by the DOT Letter dated 29.09.2000 since the letter dated 29.09.2000 covers only casual RAVI KUMAR 2026.02.10 15:38:20 +05'30' 8 OA 260/00654 of 2015 labourers engaged during the DOT period having specific criteria and not contractual workers. After corporatization of Telecom vide order dated 29.09.2000, it was decided to regularize the left out casual workers working in DOT. Accordingly, order dated 29.09.2000 was issued for regularization of casual workers including those who have been granted temporary status.
Rajasthan High Court - Jodhpur Cites 1 - Cited by 2142 - Full Document

Bhola Rana ? Bhola Nath Rana & Ors vs State Of Jharkhand & Anr on 15 January, 2014

In view of the discussions made above, we concur with the stand and view point taken by the Hon'ble the then Member (Judicial) and, the case of the Applicants are liable to be regularized as per the conditions stipulated by the Hon'ble Apex Court in the cases of Dharam Singh (supra) and Bhola Nath (supra). The Respondents/BSNL authorities are to issue consequential order to the said effect within a period of 90 (ninety) days from the date of receipt of a copy of this order.
Jharkhand High Court Cites 21 - Cited by 1 - R R Prasad - Full Document
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