No.
F. 49019/1/95-Estt-(C)
Government
of India
Ministry
of Personnel, Public Grievances and Pensions
Department
of Personnel and Training
………
North
Block, New Delhi -110 001
Dated:19th
July, 2016
OFFICE
MEMORANDUM
Subject: One day paid weekly off for
casual workers-implementation of the Order of Hon'ble CAT, Ahmedabad bench in
the OA No. 214 of 2003 filed by Smt. Bhikaben Pratapbhai Prajapati
***
The undersigned is directed to refer
to the provisions of the of Department of Personnel and Training OM
No.49014/2/86-Estt (C)dated 7th June, 1988 on recruitment of Casual Workers and
daily wagers. As per para 1 (vi) of the above referred 0.M, the Casual workers
may be given one paid weekly off after six days of continuous work.
2. The issue of paid weekly day off for
casual workers employed in offices observing five day week has been examined in
the light of dismissal of the SLP by the Hon'ble Supreme Court in the Bhikaben Pratapbhai
Prajapati case
.The issue of paid weekly off had come up for consideration in the OA No. 214
of 2003 filed by Smt Bhikaben Pratapbhai Prajapati in the Ahmedabad bench of
Hon'ble CAT. The Tribunal observed:
23. What is important is
that when offices work for a five days week and not for six days week, it is
not at the behest of the causal workers where they can be treated differently.
In our considered opinion, those workers should not be discriminated.
3. The
Hon'ble CAT had directed that the respondents should draw a Scheme keeping the
scales even pertaining to those who are working in an office having five days
week preferably within four months, taking stock of the totality of the facts
and also considering that those who are working in six days week are being
given one weekly off.
4. At
present, the weekly paid off day is allowed to casual workers employed in the
offices observing six day week only. The issue has been reconsidered in
consultation with Department of Expenditure in the light of the Court orders.
It has been decided that casual workers
working in offices having a five day week may be allowed one
day paid weekly off provided they have worked for a minimum of 40 hours
during the said week. The relevant provisions of the Department of
Personnel and Training OM No.49014/2/86-Estt (C) 7th June, 1988 are amended to
this extent.
(Mukesh
Chaturvedi)
Director
(E)
Ph:
23093176
To
All
Ministries/ Departments of the Government of India.
Copy
to:
1.President's
Secretariat, New Delhi.
2.Vice-President's
Secretariat, New Delhi.
3.The
Prime Minister's Office, New Delhi.
4.Cabinet
Secretariat, New Delhi.
5.Rajya
Sabha Secretariat/Lok Sabha Secretariat, New Delhi.
6.The
Comptroller and Auditor General of India, New Delhi.
7.The
Secretary, Union Public Service Commission, New Delhi.
8.The
Secretary, Staff Selection Commission, New Delhi.
9.Secretary,
Central Vigilance Commission, New Delhi.
10.All
attached offices under the Ministry of Personnel, Public Grievances and
Pensions.
11.Secretary,
National Council (JCM)
13, Feroze
Shah Road, New Delhi.
12.Chief
Vigilance Officers of all Ministries/Departments.
13.ADG
(M86C), Press Information Bureau, DoP86T
14.
NIC, Department of Personnel 86 Training, North Block, New Delhi (for uploading
the same on the website of this Ministry under the Head OMs 86 Orders
Establishment Daily Wage Casual Labour
15. Hindi Section
No comments:
Post a Comment