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Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): Arijit Pasayat, H. K. Sema , JJ

Constitution of India , Art.16— Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India (1993) , Cl.4— Temporary status to casual worker -- Entitlement qua scheme - Mere completion of 240/206 days work in a year - Will not entitle causal worker to get 'temporary status' - He must also be in employment as on date of commencement of scheme. C. W. P. No. 4427 of 2002, D/- 23-8-2002 (Delhi), Reversed. Scheme called Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993 which came into force with effect from 1-9-1993 was circulated by Department of Personnel and Training in the Government of India, Ministry of Personnel, P. G. and Pensions. Clause 4 of the Scheme is very clear that the conferment of 'temporary' status is to be given to the casual labourers who were in employment as on the date of commencement of the scheme. Clause 4 of the Scheme does not envisage it as an on going scheme. In order to acquire 'temporary' status, the casual labourer should have been in employment as on the date of commencement of the Scheme and he should have also rendered a continuous service of at least one year which means that he should have been engaged for a period of at least 240 days in a year or 206 days in case of offices observing 5 days a week. From Cl. 4 of the Scheme, it....