M.A.194/2020 in OASR 542/2020

This MA is filed with a prayer to permit the applicants to join together in filing the OA.  It is stated that common grievance of the applicants is vis-a-vis the impugned notification and that no individual relief is sought.  Hence we allow the MA and permit the applicants to join together in filing the OA.  Register the OA.

O.A.

The OA is moved through Video Conferencing and we heard Sri Ch.Ravinder, learned counsel for the applicants and Smt.d.Shobha Rani, learned  counsel for the respondents at some length.

Admit. Smt. D.Shobha Rani, learned counsel takes notice on behalf of the repsondents.

The applicants claim that they are being engaged as casual employees in Archaeological Survey of India (A.S.I.) in different capacities.  The A.S.I. intends to introduce the system of outsourcing through a labour contract.  Accordingly, a notification was issued on 12.05.2020 inviting applications for choosing an Agency.

The applicants contend that their rights are adversely effected on account of the proposed exercise.  Our attention is also drawn through an order dated 04.07.2019 passed in O.A.350/2018.  In that OA also a similar notification is said to have been challenged.  After undertaking some discussion, this Tribunal observed that the casual labours shall not be replaced by another set of casual labours and at the same time the applicants therein cannot claim the temporary status or regularization, unless they are otherwise eligible as per the policy formulation.  Nothing was said about the competency of the A.S.I. to switchover to the contract labour system.  We propose to examine the issue in detail,  once the respondents file their counter affidavit.

For the present, we direct that the steps in furtherance of the impugned notification may go on.  But the applicants shall not be replaced by another set of casual employees engaged in similar manner.  We also make it clear that if a labour contract is chosen, they shall consider the feasibility of continuing such of the applicants as are found eligible and willing to perform the duties under the new dispensation.

Post the matter on 07.07.2020 for filing reply along with connected batch.