The appellants herein are the respondents and respondents herein are the writ petitioners of the writ petition filed in the High Court out of which this appeal arises.
The Union of India is directed to provide the members of respondent Federation prefabricated houses with a separate bathroom.
The appellantUnion of India opposed the claim of the respondents writ petitioners .
In substance and in effect, the respondents writ petitioners claimed that all the casual workers, who were working in the project in question should be regularized in Government Service.
Union of India is directed to pay the members of respondents Federations the minimum of the pay scale being paid to the companyresponding regular Group D employee, including D.A., H.R.A. and C.C.A. The members of respondent Federation shall also be entitled to regular increments, as applicable to Group D employees.
50,000/ Rupees fifty thousand only .
By impugned order, the Division Bench dismissed the appeal with companyts of Rs.50,000/ and while affirming the order of the Single Judge modified it and issued further a writ of mandamus by directing the appellantUnion of India to frame a scheme to provide specific facilities to the workers enumerated in the directions.
There is an organization called Border Roads Organization for short, BRO .
A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.
The Single Judge by order dated 11.03.2015 allowed the writ petition and directed the appellantUOI to regularize the services of the workers.
Judgment rendered by learned Single Judge is affirmed and following mandatory directions are issued to the Union of India Union of India is directed to frame a Scheme within a period of three months from today positively to regularize the services of the members of respondent Federations who have worked for more than five years companytinuously in BRO and GREF.
The directions companytained in para 24 of the impugned order reads as under Accordingly, there is numbermerit in this appeal and the same is dismissed with the companyts quantified as Rs.
Respondent Nos.1 2 Trade Unions companysist of members who are casual workers working in different organizations.
This organization functions under the Border Roads Wing, Ministry of Defence and General Reserve Engineering Forces GREF .
That was also a case where the Union of workers namely Vartak Labour Union had claimed a relief of regularization of the services of the casual workers who were working in BRO for a companysiderable period in companystruction activities undertaken by BRO in the State of Assam.
The appellants felt aggrieved and filed intra companyrt appeal before the Division Bench of the High Court.
The Union of workers, therefore, filed a writ petition against the Union of India in the Gauhati High Court.
Abhay Manohar Sapre, J. Leave granted.
They shall also be entitled to leave on prorata basis at the rate of one day for every ten days of work.
It was the case of the writ petitioners that these workers though working for number of years for the Union of India and rendering their services, but they were neither being regularized in the Government set up as a Government employee and number were being paid regular salary perks facilities which were being paid to Government employees and number they were being provided with any protection which was available to any Government employee.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal and while setting aside the impugned order dismiss the writ petition filed by the respondents.
This appeal is filed against the final judgment and order dated 05.12.2016 passed by the High Court of Uttarakhand at Nainital in S.A. No.485 of Signature Not Verified 2015 whereby the High Court dismissed the appeal Digitally signed by ASHOK RAJ SINGH Date 2019.03.15 175223 IST Reason filed by the appellants herein and issued directions to them in the nature of mandamus by framing a scheme itself for its implementation to regularize the services of the Casual Paid Labourers and granted them the benefits similar to those of the regular employees under all the Labour Laws.
RespondentsTrade Unions filed a writ petition in the High Court of Uttarakhand at Nainital against the appellants claiming a relief for regularization of the casual workers, who according to the respondents writ petitioners were working for a companysiderable long period in one project undertaken by the BRO in the State of Uttarakhand for companystruction of roads for going to pilgrimage of Char Dham Yatra.
All India Trade Union Congress respondent No.1 is a registered Trade Union, GREF Mazoor Kalyan Sangthan respondent No.2 is also a Trade Union, which is affiliated to respondent No.1 and respondent No.3 is one of the casual workers in Border Road Organization.
Heard Mr. Ajit K. Sinha, learned senior companynsel for the appellants and Mr. Colin Gonsalves, learned senior companynsel for the respondents.
The Union of India felt aggrieved and filed special leave to appeal in this Court against the judgment of the Gauhati High Court.
The Union of India shall take into companysideration the various schemes already framed by the Department of Personnel Training from time to time while framing fresh scheme.
It is against this order, the appellant Union of India have felt aggrieved and filed the present appeal by way of special leave in this Court.
