IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 OP.No. 21138 of 2001(N) ---------------------------------- PETITIONERS: --------------------- 1. T.C. POOKUNHI, THATTANACHATTA HOUSE, S/O. AHAMMED K.C., AMINI ISLAND, LAKSHADWEEP. 2. SUBAIR.K., KANDIKKAM HOUSE, S/O. A. ABDULLA, AMINI ISLAND, LAKSHADWEEP. 3. BASHER.M.P, MELAPPIRA HOUSE, S/O. MUHAMMED.K., AMINI ISLAND, LAKSHADWEEP. 4. ISMAIL.M., MALIKKAL HOUSE, S/O. ABOOSALA, AMINI ISLAND, LAKSHADWEEP. 5. ASHRAF S.C, SARECHETTA HOUSE, S/O. HASSAINAR, AMINI ISLAND, LAKSHADWEEP. 6. ABOOSALA. A.P., AMMIPURA HOUSE, S/O. KHATHRU.T.C, AMINI ISLAND, LAKSHADWEEP. 7. MUHAMMED KOYA.P.A., PUTHIYA ALIKKOM HOUSE, S/O. ABDUL KHADAR, AMINI ISLAND, LAKSHADWEEP. O.P. NO. 21138/2001-N: 8. JALALUDDIN.A., ASUMADA HOUSE, S/O. ANTHU T.K., AMINI ISLAND, LAKSHADWEEP. 9. EASA.K.C., KEELACHERI HOUSE, S/O. ABOOSALA.P., AMINI DWEEP, LAKSHADWEEP. 10. CHERIYAKOYA.K., KOORUMEL HOUSE, S/O. HAMZA.T., AMINI ISLAND, LAKSHADWEEP. 11. ABDUL RAZAK K.K., KARAKUNNEL HOUSE, S/O. AHAMED.B, AMINI ISLAND, LAKSHADWEEP. 12. NALLAKOYA.R, RAHMANIYODA HOUSE, S/O. KIDAVU, AMINI ISLAND, LAKSHADWEEP. 13. CHERIYAKOYA.P, PANDARAM HOUSE, S/O. ABDUL KHADAR A.C, AMINI ISLAND, LAKSHADWEEP. 14. POOKUNHI A.C, ASUMADACHETTAYIL HOUSE, S/O. HAMZA B.C, AMINI ISLAND, LAKSHADWEEP. 15. ABDUL KHADAR.B.C, BELIYACHADA HOUSE, S/O. MOHAMMED T.C, AMINI ISLAND, LAKSHADWEEP. 16. MUHAMMADALI.M., MADAM HOUSE, S/O. ATTAKOYA.O.P, AMINI ISLAND, LAKSHADWEEP. 17. HAMZAKOYA KANIYAM, KONIKHAM HOUSE, S/O. KUNNIKOYA, AMINI ISLAND, LAKSHADWEEP. O.P. NO. 21138/2001-N: 18. MOOSA ELLA, ELLA HOUSE, S/O. ABOOSALA.A.C, AMINI ISLAND, LAKSHADWEEP. 19. YACOOB.P, PATTAAKKADA HOUSE, S/O. ABOOSALA.K.C, AMINI ISLAND, LAKSHADWEEP. 20. SAYED MADANI.K, KOORUMEL HOUSE, S/O. ABDIUL KHADAR, AMINI ISLAND, LAKSHADWEEP. 21. SHOWKATHALI.K.M., KADIYAMMATTA HOUSE, S/O. ABDUL KHADAR, AMINI ISLAND, LAKSHADWEEP. 22. HAMZAKOYA KONIKKAM, KANIYAM HOUSE, S/O. ABDULLAH KOYA, AMINI ISLAND, LAKSHADWEEP. 23. NAZEER.P.C, PAKKADIYATHACHATTA HOUSE, S/O. ANDAR.C.C, AMINI ISLAND, LAKSHADWEEP. 24. SHARAFIDEEN.K.C, KOTTETHACHETTA HOUSE, S/O. KIDAVE.B., AMINI ISLAND, LAKSHADWEEP. 25. ATTAKOYA.C.B., CHANATHABLI HOUSE, S/O. HAMZAKOYA, AMINI ISLAND, LAKSHADWEEP. 26. KHALID.P.S, PUTHIYASURAMBIL HOUSE, S/O. ABDUL KHADAR.M.P, AMINI ISLAND, LAKSHADWEEP. 27. JABBAR KOYA.P, PANDARAM HOUSE, S/O. ABOOSALA.P, AMINI ISLAND, LAKSHADWEEP. O.P. NO. 21138/2001-N: 28. MOHAMMED RAFEEQUE M.C, MONAKKALCHATTA HOUSE, S/O. KIDAVE.P.E, AMINI ISLAND, LAKSHADWEEP. 29. SAKKER HUSSAIN.C.P, CHERIYAPANDARAM HOUSE, S/O. MOHAMMED.P, AMINI ISLAND, LAKSHADWEEP. 30. AHAMMEDUNNAHA.K.B., KEELAVILETTOM HOUSE, S/O. ABDULLA.K.C, AMINI ISLAND, LAKSHADWEEP. 31. MUTHU KOYA.P.P, PUTHIPADIPPURA HOUSE, S/O. POONKUNHI.B.C, AMINI ISLAND, LAKSHADWEEP. 32. MOOSA.P.I, PUTHIYA ILLAM HOUSE, S/O. MOHAMMED M.C, AMINI ISLAND, LAKSHADWEEP. 33. KIDAVE.K, KATTAMADA HOUSE, S/O. HASSAINAR.A.C, AMINI ISLAND, LAKSHADWEEP. 34. HAMZA.B.C, BELIYOMMECHETTA HOUSE, S/O. KIDAVU.T, AMINI ISLAND, LAKSHADWEEP. 35. SHARAF.T.T., THATTATHODA HOUSE, S/O. KIDAVE, AMINI ISLAND, LAKSHADWEEP. 36. MOOSA.M.C, MULLICHETTA HOUSE, S/O. SANPAN.U, AMINI ISLAND, LAKSHADWEEP. 37. KINNI.N.C, NOORUMECHO HOUSE, S/O. SHYKH.B.K, AMINI ISLAND, LAKSHADWEEP. O.P. NO. 21138/2001-N: 38. MOOSA.K.C, KEELACHERI HOUSE, S/O. ATTAKOYA.K, AMINI ISLAND, LAKSHADWEEP. 39. MUHAMMEDKOYA.B, BELI HOUSE, S/O. HAMZAKOYA.P, AMINI ISLAND, LAKSHADWEEP. 40. KASMIKOYA.B, BALAPP HOUSE, S/O. CHERIYAKOYA.P, AMINI ISLAND, LAKSHADWEEP. 41. BASHEER.A.C, AMMICHETTA HOUSE, YUSEPH.M.C, AMINI ISLAND, LAKSHADWEEP. 42. ISMAIL.A, ANDRATTIYODA HOUSE, S/O. EASA.K.C, AMINI ISLAND, LAKSHADWEEP. 43. NAZAR.P.C, PUTHIYAPPALLACHETTA HOUSE, S/O. AHAMMED.P, AMINI ISLAND, LAKSHADWEEP. 44. SAYED KOYA.N.C, NOORUMACHETTA HOUSE, S/O. SAHIK.B.K, AMINI ISLAND, LAKSHADWEEP. 45. ISMAIL.B.C, BEEYACHETTA HOUSE, S/O. ABDUL KHADAR.P, AMINI ISLAND, LAKSHADWEEP. BY ADVS.MR.SHAFIK.M.A, MR.M.A. FAYAZ, MR.N.NAGARESH. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, LABOUR DEPARTMENT, SHARMA SAKTHI BHAVAN, NEW DELHI. O.P. NO. 21138/2001-N: 2. THE SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL PUBLIC GRIEVANCES & PENSIONS, NEW DELHI. 3. THE ADMINISTRATOR, U.T. OF LAKSHADWEEP. KAVARATTI. 4. THE DIRECTOR OF INDUSTRIES, U.T. OF LAKSHADWEEP, KAVARATTI. 5. THE SUPERVISOR, FIBRE FACTORY, AMINI ISLAND , U.T. OF LAKSHADWEEP. R1 & R2 BY MR. ABDUL SAMAD, CGSC, R3 TO R5 BY MR.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN., THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/12/2009, ALONG WITH O.P. NO. 34983/2001,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 21138/2001-N: ORDER ON C.M.P. NO. 34338/2001 IN O.P. NO. 21138/2001-N CLOSED 21/12/2009. SD/- S. SIRI JAGAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE O.M F.NO.11/21/92-IMD (VOL.II) DTD. 03/01/1997 ISSUED BY THE R.4 EXT.P.2: COPY OF THE ORDER F.NO.11/21/92-IND (VOL.II) DTD. 29/04/1997 ISSUED BY THE R.4. EXT.P.3: COPY OF THE ATTENDANCE CARD OF THE P.2. ISSUED BY THE R.4. EXT.P.4: COPY OF THE ORDER F.NO.11/21/92-IND.VOL(II) DTD. 25/06/98 ISSUED BY THE R.4. EXT.P.5; COPY OF THE ATTENDANCE CARD OF THE P.2. ISSUED BY THE R.4. EXT.P.6: COPY OF THE REPRESENTATION DTD. NIL SUBMITTED BY THE PETITIONERS TO THE RESPONDENTS. EXT.P.7: COPY OF THE O.M. NO. 51016/2/90-ESTT (C) DTD. 10/09/93 ISSUED BY THE R.2. EXT.P.8: COPY OF THE JUDGEMENT DTD. 29/11/2000 IN O.A. NO. 627/99 OF THE HONOURABLE C.A.T, ERNAKULAM BENCH. EXT.P.9: COPY OF THE ORDER F.NO.15/3/99 IND DTD. 01/02/2001 ISSUED BY THE R.3. EXT.P.10; COPY OF THE REPRESENTATION DTD. 18/04/2001 SUBMITTED BY THE P.2. TO THE R.3. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE O.M.F. NO.11/21/92-IND DTD. 26/05/98 ISSUED BY THE R.4. EXT.R3.B: COPY OF THE LETTER F.NO.1/14/98-MDPA DTD. 01/06/98 ISSUED BY THE R.5. EXT.R3.C: COPY OF THE LETTER F.NO.1/14/98-MDPA DTD. 20/07/98 ISSUED BY THE R.5. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== O.P.Nos.21138 & 34983 of 2001 ================== Dated this the 21st day of December, 2009 J U D G M E N T The petitioners in these two original petitions are casual employees engaged in the Industrial Department of the Lakshadweep Administration in one of their factories dealing in coir products. They were recruited through employment exchange. They started their work in 1997. According to them, they continued their work for more an year. They would submit that they have completed 240 days' work in one year. They would, therefore, contend that they are entitled to the benefits of an O.M. issued by the Government of India, which is produced as Ext.P7 along with O.P.No.21138/2001, which provided for grant of temporary status to casual workers and benefits referred to therein. The petitioners' contention is that the petitioners have satisfied the conditions in Ext.P7 for conferment of temporary status as provided therein. The petitioners, therefore, seek the following reliefs: O.P.No.21138/2001: “(1) TO CALL FOR THE RECORDS RELATING TO EXHIBITS P1 TO P10 AND ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER COMMANDING THE RESPONDENTS III TO V TO GRANT TEMPORARY STATUS TO THE PETITIONERS IMMEDIATELY ON THE BASIS OF EXHIBIT P7 SCHEME; OR IN THE ALTERNATIVE (2) TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION COMMANDING THE 1ST RESPONDENT TO TAKE APPROPRIATE ACTION TO MODIFY THE RULES IF NECESSARY AND TO ISSUE AN APPROPRIATE SCHEME IN ORDER TO CONFER TEMPORARY o.p.21138/01 & cc 2 STATUS AND REGULARISATION TO THE PETITIONERS. (3) TO QUASH EXHIBIT P9 BEING ILLEGAL, ARBITRARY AND IS MADE BEYOND POWERS CONFERRED ON THE AUTHORITY; AND TO ISSUE A DECLARATION THAT THE PETITIONERS ARE ENTITLED TO BE CONFERRED WITH PERMANENCY IN THEIR ENGAGEMENT AS LABOURERS OF THE COIR FIBRE FACTORY OF THE AMINI ISLAND; (4) ISSUE AN ORDER OF INTERIM DIRECTION TO THE RESPONDENTS TO ENGAGE THE PETITIONERS AS CASUAL LABOURERS IN THE COIR FIBRE FACTORY OF AMINI ISLAND PENDING FINAL DECISION IN THE ORIGINAL PETITION.” O.P.No. 34983/2001: “i To issue a writ on (sic) the nature of mandamus and direct the respondent to appoint the petitioner as a casual worker as before and also direct the consideration of his status as a temporary employee in terms of Ext.P-2. ii To issue a such other writ which is necessary in the circumstances of the case with costs of the proceedings.” 2. The contention of the respondents is that it is expressly made clear in Ext.P7. Ext.P7 applies only to a set of workers who were in service as on the date of the O.M., which is dated 10.9.1993, but is to be effective from 1.9.1993. According to the counsel appearing for the respondents, Ext.P7 was not intended as a continuing scheme for giving benefits to all casual workers on completion of 240 days of service, but is a benefit restricted by time, in so far as it has been made applicable only to those casual workers who were in employment of the Ministries/Department of Government of India and their attached and subordinate offices on the date of issue of Ext.P7 order. Admittedly, the petitioners were not employed as on 1.9.1993. Therefore, they are not eligible for the benefits of Ext.P7 scheme, is o.p.21138/01 & cc 3 the contention raised by the counsel for the respondents. He also refers to a decision of the Supreme Court in UNION OF INDIA V. GAGAN KUMAR [(2005) 6 SCC 70], wherein the Supreme Court has categorically held that Ext.P7 O.M. is not in the nature of a general guideline to be applied for the purpose of giving temporary status for all causal workers as and when they complete 1 year's continuous service, but is confined only to casual labourers in employment as on the date of the scheme. 3. I have considered the rival contentions in detail. 4. In view of the above Supreme Court decision, which categorically holds that Ext.P7 scheme was applicable only to those casual labourers who were in employment on the commencement of the scheme and that the scheme was not in the nature of a general guideline to be applied for the purpose of giving temporary status for all casual workers as and when they complete one year's continuous service, the petitioners who admittedly started employment only in 1997, are out of the purview of Ext.P7 O.M. As such, they cannot claim benefits arising from Ext.P7 office memorandum. In respect of other prayers also, the Supreme Court categorically held that it is upto the Government to formulate any scheme as and when found necessary for giving temporary status to casual workers and later absorbing them in Group D posts. This Court cannot compel the Union of India to o.p.21138/01 & cc 4 formulate a scheme to give identical benefits to the employees who were engaged subsequently and worked for 240 days. As such, as held by the Supreme Court, it is in the discretion of the Union of India to formulate such a scheme, if situation warranting issue of such a scheme arises. In the above circumstances, I do not find merit in these original petitions and accordingly, the same are dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.Nos.21138(N) & 34983(M) of 2001 ================== J U D G M E N T 21st December, 2009