Kamlesh Chandra Committee on giving preference to Casual Labourers in selection to Gramin Dak Seva posts - DOP order

Preference to Casual Labourers in selection to GDS posts – Department of Posts Instructions

No.17-31/2016-GDS

Government of India

Ministry of Communications

Department of Posts

(GDS Section)

Dak Bhawan, Sansad Marg.

New Delhi-110 001

Dated: 30.10.2019

Office Memorandum

    Subject : Implementation of recommendations of Kamlesh Chandra Committee on giving preference to Casual Labourers in selection to GDS posts-reg.

The undersigned is directed to refer to para 14.26 of GDS Committee on giving preference to Casual Labourers in selection to GDS posts. The Committee observed that, the scheme of employing casual labourers is not in vogue from 01.09.1993 onwards and those eligible among those who were selected before 01.09.1993 would have been selected to eligible posts by now. Department has earmarked 25% of vacancies for them for recruitment as Multi Tasking Staff in Post/Mail Offices as per Recruitment Ru1es. The committee is of the view that there is no need to notify GDS vacancies to Casual Labourers as of now. Such a provision will indirectly pave the way for backdoor entry of ineligible candidates to GDS service. Department may examine this aspect.

2. The matter has been examined and following orders are issued:-

(i) As per the scheme for Casual Labourers (Grant of Temporary Status and Regularisation, temporary status is granted to those Casual Labourers who were in employment as on 10.09.1993, subject to fulfillment of certain conditions. Such Casuai Labourers who complete 3 years of service are to be treated at par with temporary MTS employees and are entitled to various benefits viz. leave, holidays, CGEGIS, GPF, Medical aid, LTC etc. and counting of temporary service after regularization for retirement benefits. Further, engagement of Casual Labourers is not permissible after the cutoff date.

(ii) There is already provision in the Recruitment Rules of MTS 2018 issued vide Directorate letter no.37-33/2009-SPB-I dated 27th August 2018 giving preference to Casual Labourers for regularization in service on seniority basis. Department has earmarke d. 25% of vacancies for Casual Labourer. If Casual Labourers are engaged as GDS, there may be a scenario wherein a Casual Labourer, who was about to get regularized as per the Recruitment Rules 2018 of Multi Tasking Staff, may not be considered for regularization as MTS.

(iii) In view of the above, it has been decided by the Competent Authority that, GDS vacancies should not be notified for Casual Labourers from the date of issue of this OM.

3. The above instructions will come into effect from the date of issue of this O.M

4. Hindi version will follow

(SB Vyavahare)
Assistant Director General (GDS/PCC)

Recommendations of 7th Central Pay Commission - Applicability to the pay scales of Casual Labourers with Temporary status

Recommendations of 7th Central Pay Commission - Applicability to the pay scales of Casual Labourers with Temporary status.

No.49011/2/2017-Estt(C)
Government of India
Ministry of Personnel, PG and Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 19th Feb, 2018

OFFICE MEMORANDUM

Subject: Recommendations of 7th Central Pay Commission - Applicability to the pay scales of Casual Labourers with Temporary status.

The undersigned is directed to say that on the implementation of the recommendations of the 7th Central Pay Commission as per Government of India Notification dated 25th July, 2016, the Casual Labourers with Temporary Status will continue to receive their wages with effect from 01.01.2016 as per provisions of the Casual Labours (Grant of Temporary Status & Regularisation) Scheme, worked out on the basis of the pay scales of Group 'C' as per Level 1 of the Pay Matrix recommended by the 7th Central Pay Commission and approved by the Government provided they are matriculate. In case of the similarly placed non- matriculate Casual Labourers with Temporary Status the above benefit of wages w.e.f. 01.01.2016 may he extended only after imparting the requisite trainin2, by the respective administrative Ministries/ Departments on the lines indicated in the MOF O.M. No. 1/1/2008-IC dated 24.12.2008.

2. This issues with concurrence of M.O.F. I.D. No. 4-17/2017-IC/E.IIIA dated 07.02.2018.

(Sanjiv Kumar)
Deputy Secretary (Estt)
Telefax: 23093176

Copy to:
All Ministries/ Departments of Government of India.
Copy to:
(I) The President's Secretariat, New Delhi
(II) The Vice- President's Secretariat, New Delhi
(III) The Prime Minister's Office, New Delhi
(IV) The Cabinet Secretariat, New Delhi
(V) The Rajya Sabha Secretariat, New Delhi
(VI) The Lok Sabha Secretariat, New Delhi
(VII) The Controller and Auditor General of India, New Delhi
(VIII) The Secretary, Union Public Service Commission
(IX) The Secretary, Staff Selection Commission
(X) All Attached offices under the Ministry of Personnel, Public Grievances and Pensions
(XI) All Officers and Section in the Department of Personnel & Training
(XII) NIC for uploading on the website under OM's / Orders - *Establishment *Daily Wage Casual labour; and 'What's New'

Source : DoPT

Revision of Minimum Wages payable to Temporary status Casual Labourers

Revision of Minimum Wages payable to Temporary status Casual Labourers

 

Ref: Confdn/Genl/2016-19

Dated - 25.01.2018

To,

Shri Ajay Mittal
Secretary
Department of Personnel & Training
Ministry of Personnel, PG and Pension
Government of India
North Block, New Delhi - 110001

Sir,

Sub:  Revision of Minimum Wages payable to Temporary status Casual Labourers - reg.

Ref: Your office letter No. 49014/1/2017-Estt (C) dated 16th August 2017.

Please refer to your office letter cited above copy of which is enclosed herewith for ready reference. It was informed that the matter of revision of wages payable to Temporary status Casual Labourers is under consideration.

We regret to inform you that the orders of revising the wages of Temporary status Casual Labourers with effect from 01.01.2016 is yet to be issued, eventhough the orders revising the pay of Central Government employees was issued on 25.07.2016.

It is once again requested to take necessary action in this regard, so that issuing of orders will be expedited.

Encls: as above

With regards,

Yours faithfully,

(M. Krishnan)

Member, Standing Committee
National Council JCM &
Secretary General,
Confederation of Central Govt.Employees & Workers
Mob: 09447068125
Email: mkrishnan6854@gmail.com

Source : Confederationhq

Minimum Wages to Labourers

Minimum Wages to Labourers

The Minister of State (I/C) for Youth Affairs and Sports Shri Vijay Goel said in the Lok Sabha today that the minimum wages to the labourers working under the Department of Sports & Youth Affairs of Union Territory (UT) of Lakshadweep has been given as per the rates of daily wages fixed by the Directorate of Labour and Enforcement, UT of Lakshadweep, Kavarati Island. The details are as under:

High Skilled Labourers  - Rs. 275/- + Variable DA (per day); and
Casual Labourers - Rs. 200/- + Variable DA (per day).  

In a written reply he gave the details of funds allocated and released for this purpose during the last three years and the current year:-

I.  Wages paid by the Department of Sports & Youth Affairs:-

Year	Funds Allocated	Funds Released
2014-15	Rs. 50000/-	Rs.33000/-
2015-16	Rs. 100000/-	Rs.93000/-
2016-17	Rs. 200000/-	Rs.134000/-
2017-18	Rs. 200000/-	Upto 31/07/2017 Rs.48000/-

II.          Wages paid by the Lakshadweep Island State Sports Council (Running under Department of Sports & Youth Affairs, Kavaratti)

Year	Funds Allocated	Funds Released
2014-15	Rs. 2860000/-	Rs.1559000/-
2015-16	Rs. 2900000/-	Rs.1643000/-
2016-17	Rs. 1900000/-	Rs.1841000/-
2017-18	Rs. 1500000/-	Upto 31/07/2017 Rs.533000/-

Leave Entitlement of Casual Labourers with temporary status

Leave Entitlement of Casual Labourers with temporary status

No. 01-07/2016-SPB-I
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi - 110001.
Dated: 12, June, 2017

To,
1. All CPMsG
2. All PMsG
3. Director, Rafi Ahmed Kidwai National postal Academy,
4. All Directors, PTC
5. All Directors, Postal Accounts
6. Controller, Foreign Mails, Mumbai
7. Heads of all other Administrative Offices.

Subject: Leave Entitlement of Casual Labourers with temporary status.

Sir/Madam
Department of Posts had circulated a Scheme viz. Casual Labourers (Grant of Temporary Status and Regularization) Scheme vide Directorate's letter 45-95/87-SPB-I dated 12.04.1991 which has been amended from time to time.

2. The Directorate has received several representations regarding encashment of accumulated leaves to Casual Labourers with Temporary Status covered under the said Scheme. In this regard, following clarifications are hereby issued in line with DOPT's Scheme circulated vide its OM No. 51016/2/90 Estt. (C) dated 10.09.1993 and OM No.49014/3/2007-Estt(C) dated 18.10.2007

c) Leave entitlement will be on a pro-rata basis at the rate of one day for every 10 days of work, casual or any other kind of leave, except maternity leave will not be admissible. They will also be allowed to carry forward the leave at their credit on their regularization. They will not be entitled to the benefits of encashment of leave on termination of service for any reason or on their quitting service.

d) The limit on accumulation of total number of leave will be 300 days as in the case of regular Government employees. In other words, Casual Labourers with Temporary Status can accumulate leave up to a maximum of 300 days only.

Yours faithfully,
(Satya Narayana Dash)

Assistant Director General (SPN)

Enhancement of the rate of bonus payable to Casual labourers consequent on enhancement calculation ceiling of bonus for Central Government Employees from Rs.3500/- to Rs.7000/

Finance Ministry Rejected Bonus enhancement to Casual Labourers

Speed Post

No.S-33027/3/2016 -WB
Government of India
Ministry of Labour and Employment
(Wage Board Section)

Shram Shakti Bhawan, Rafi Marg,
New Delhi, dated the 02 May, 2017

To,
Shri M.Krishnan,
Secretary General,
Confederation of Central Government Employees & Workers,
1st Floor, North Avenue PO Building, New Delhi.

Subject :- Enhancement of the rate of bonus payable to Casual labourers consequent on enhancement calculation ceiling of bonus for Central Government Employees from Rs.3500/- to Rs.7000/- regarding.

Sir,
I am directed to refer to your letter Reference No. Confdn/Casual Labour/2015-19 dated 29th June, 2016 addressed to Department of Personnel & Training, New Delhi on the subject mentioned above and to inform you on receipt of your request through the Department of Personnel & Training, the case was referred to the Ministry of Finance, Department of Expenditure, New Delhi for taking suitable action, as deemed fit. The matter was duly examined by the Department of Expenditure, Ministry of Finance and has not been agreed to the request.

Yours faithfully,
(SAMIR KUMAR DAS)
Under Secretary to the Government of India

Enhancement of the rate of bonus payable to Casual labourers consequent on enhancement calculation ceiling of bonus for Central Government Employees from Rs.3500 to Rs.7000

Enhancement of bonus to Casual Labourers – Reply from Ministry of Labour & Employment

No.s-33027/3/2016-WB

Government of India
Ministry of Labour & Employment
(Wage Board Section)

Shram Shakti Bhawan, Rafi Marg,
New Delhi dated 11 November, 2016.

Office Memorandum

Subject : Enhancement of the rate of bonus payable to Casual labourers consequent on enhancement calculation ceiling of bonus for Central Government Employees from Rs.3500/- to Rs.7000/- regarding.

The undersigned is directed to forward herewith a copy of O.M. No. 49014/1/2016-Estt (C) Dated 2nd November 2016 alongwith the enclosure thereto on the subject mentioned above.

2. Action as deemed fit, may please be taken in this regard under intimation to all concerned.

3. This issues with the approval of Deputy Director General ( c ).

Encl: as above

Sd/-
(Samir Kumar Das)
Under Secretary to the Government of India

Source : confederationhq

Casual Labourers with temporary Status in Deptt of Post, Clarification regarding GPF and Old Pension Scheme

Casual Labourers with temporary Status in Deptt of Post - Clarification regarding contribution to GPF and Pension under the Old Pension Scheme

No.01-07/2016-SPB-I
Government Of India
Ministry Of Communications & IT
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi 110 001.

Dated: 12th September, 2016

Subject: Casual Labourers with temporary Status - Clarification regarding contribution to GPF and Pension under the Old Pension Scheme.

Sir,
I am directed to refer to this Department's letter no.01-07/2016-SPB-I dated 22.07.2016 on the above cited subject and say that following clarifications are hereby issued in respect of Casual Labourers in the Postal Department in line with DOP&T OM No.49014/2/2014-Estt(c) dated 28.07.2016:

(a) The Department’s letter No.01-07/2016-SPB-I dated 22.07.2016 restores the provisions of the scheme as it existed prior to this Department’s letter No.45-6/2005-SPB-I dated 02.09.2005. The benefit of GPF and Old Pension Scheme is applicable to all those Casual Labourers who are covered under the Casual Labourers (Grant of Temporary Status and Regularization) Scheme issued vide letter No.45-95/87-SPB-I dated 12.04.1991 even if they have been regularized on or after 01-01-2004.

(b) As the benefit of Old Pension Scheme and GPF is applicable to only those casual workers who are covered under the above stated scheme of 1991, all the circles may strictly ensure that it does not lead to demand by regularly recruited fresh employees appointed on or after 01.01.2004 for similar benefit in place of NPS.

Yours faithfully,

(Abhay Kumar)
Assistant Director General (SPN)

Source: Department of Posts [Click here]

Casual labourers with temporary status — clarification regarding contribution of GPF and Pension under the Old Pension Scheme

Casual labourers with temporary status — clarification regarding contribution of GPF and Pension under the Old Pension Scheme

No .49014/2/2014 -Estt(C)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 28th July, 2016

OFFICE MEMORANDUM

Subject: Casual labourers with temporary status — clarification regarding contribution of GPF and Pension under the Old Pension Scheme.

The undersigned is directed to refer to this Department's OM of even number dated 26thFebruary, 2016 on the above subject and to say that some references have been received in this Department from various Ministries/Departments seeking a clarification with regard to the Para 7 of the referred OM.

2. The OM was issued in consultation with Department of Expenditure and the Department of Pension and PW. It was clarified vide that OM that this Department's 0.M dated 26thApril, 2004 had been quashed in a series of Orders/Judgements. The OM dated 26thFebruary, 2016 restores the provisions of the Scheme as it existed prior to the OM dated 26thApril, 2004. The benefit of GPF and Old Pension Scheme is applicable to all those casual labourers who are covered under the Scheme of the 10thSeptember, 1993 even if they have been regularized on or after 01/01/2004.

3. As the benefit of Old Pension Scheme and GPF is admissible only to those Casual workers who are covered under the Scheme of 1993, all Ministries/ Department may strictly ensure that it does not lead to demand by regularly recruited fresh employees appointed on or after 1.1.2004for similar benefit in place of NPS.

4. This issues with the concurrence of Department of Expenditure vide their I.D.No.1(15)/E-V/2015 dated 27.07.2016

(Mukesh Chaturvedi)
Director(E)

To
All Ministries/Departments.
DoPT Order

Casual Labourers with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme

Casual Labourers with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme

No.49014/2/2014-Estt (C)
Government of India
Ministry of Personnel, Public Grievances and PG
Department of Personnel and Training
Establishment Division

New Delhi, North Block,
February 26th , 2016

OFFICE MEMORANDUM

Subject: Casual Labourers with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme

Undersigned is directed to refer to this Department’s OM No. 51016/2/90-Estt (C) dated the 10th September, 1993 vide which a scheme for grant of temporary status to the casual employees was framed. The scheme applied to those casual labourers who were in employment on the date of the issue of the OM and had rendered one year of continued service in Central Government offices, which meant that they must have been engaged for a period of at least 240 days (206 days in the case of offices observing 5 days week). The scheme did not apply to Departments of Telecom & Posts and Ministry of Railways.

2. As per the scheme, after rendering three years’ continuous service after conferment of temporary status, the casual labourers were to be treated at par with temporary Group ‘D’ employees for the purpose of contribution to the General Provident Fund. Further, after their regularisation, 50% of the service rendered under temporary status would be counted for the purpose of retirement benefits.

3. As per para 8 of the scheme, two out of every three vacancies in Group ‘D’ cadres in respective offices where the casual labourers have been working would be filled up as per extant recruitment rules and in accordance with the instructions issued by Department of Personnel and Training from amongst casual workers with temporary status. However, regular Group ‘D’ staff rendered surplus for any reason will have prior claim for absorption against existing/future vacancies. In case of illiterate casual labourers or those who fail to fulfill the minimum qualification prescribed for post, regularisation will be considered only against those posts in respect of which literacy or lack of minimum qualification will not be a requisite qualification. They would be allowed age relaxation equivalent to the period for which they have worked continuously as casual labourer.

4. Vide the O.M. No.49014/1/2004 -Estt (C) dated the 26 thApril, 2004, the above scheme was reviewed in the light of introduction of New Pension Scheme in respect of persons appointed to the Central • Government service on or after 1.1.2004 as under:

(i) As the new pension scheme is based on defined contributions, the length of qualifying service for the purpose of retirement benefits has lost its relevance, no credit of casual service, as specified in para 5 (v), shall be available to the casual labourers on their regularisation against Group ‘D’ posts on or after 1.1.2004.

(ii) As there is no provision of General Provident Fund in the new pension scheme, it will not serve any useful purpose to continue deductions towards GPF from the existing casual employees, in terms of para 5 (vi) of the scheme for grant of temporary status. It is, therefore, requested that no further deduction towards General Provident Fund shall be effected from the casual labourers w. e. f. 1.1.2004 onwards and the amount lying in their General Provident Fund accounts, including deductions made after 1.1.2004, shall be paid to them.

2. The existing guidelines contained in this Department’s OM No. 49014/2/86-Estt.(C) dated 7.6.88 may continue to be followed in the matter of engagement of casual workers in the Central Government Offices.

5. The OM dated 26th April, 2004 has been quashed by various benches of CAT/High Courts who have decided that the scheme could not be modified retrospectively. The SLPs filed in the Hon’ble Supreme Court have been dismissed by the Apex Court in UOI & Ors v Rameshwar Singh, CC 1829/2014, UOI & Ors v Ramsaran & Ors, SLP (C) No. 25360-25362 of 2008, SLP 17358/2008, SLP 25360-62/09, Union of India etc v Ajay Kumar & Ors, SLP No.19673-19678/2009.

6. The position has been reviewed in the light of the Court judgements in consultation with the Department of Expenditure. It has now been decided that the casual labourers who had been granted temporary status under the scheme, and have completed 3 years of continuous service after that, are entitled to contribute to the General Provident Fund.

7. 50% of the service rendered under temporary status would be counted for the purpose of retirement benefits in respect of those casual labourers who have been regularised in terms of para 8 of the OM dated 10.09. 1993.

8. It is emphasised that the benefit of temporary status is available only to those casual labourers who were in employment on the date of the issue of the OM dated 10th September, 1993 and were otherwise eligible for it. No grant of temporary status is permissible after that date. The employees erroneously granted temporary status between 10.09.1993 and the date of Hon’ble Supreme Court judgement in Union Of India And Anr vs Mohan Pal, 2002 (3) SCR 613, delivered on 29 April, 2002, will however be deemed to have been covered under the scheme of 10.09.93.

9. Ministries/Departments are also requested to identify cases where temporary status has been granted wrongly to those not covered under the OM dated 10.09.1993 and fix responsibility for the same.

sd-
(Mukesh Chaturvedi)
Director (E)

Authority: www.persmin.gov.in
Click to view the order

BSNL to pay gratuity to Casual Labourers

BSNL to pay gratuity to Casual Labourers:

BSNL Corporate office has issued an order to sought the details regarding engagement details of casual labourers from all Circles for extension of gratuity to casual labourers.  The text of BSNL order is reproduced below:- 

BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise)

Labour Establishment (LE) Section

Establishment Branch.

F.No.11-3/2014-LE

Dated the 19th Aug 2015

To
All Heads of Circles,
BSNL

Subject- Extension of gratuity to casual labourers -details regarding engagement details of casual labourers - reg

Sir,

Kindly refer to this office letter of even number dated 31.03.2015 and subsequent reminder dated 13.05. 2015 (letters available in the intranet) requesting to furnish the following information in respect of the casual labourers currently being engaged in your Circle:-

Sl.No.	Name of casual labourers	Whether TSM status conferred	Date of birth	Date of engagement	Present monthly  wages

2. The requisite information/ details has not been received from all Circles till date. In this connection, it is mentioned that the issue of extending the provisions of Payment of Gratuity Act 1972/ BSNL Gratuity Trust Rules to casual labourers is under consideration of BSNL Corporate office . The list of casual labourers who will be covered under the Rules, their monthly wages , date of engagement date of birth etc. are required to calculate the fund requirement for covering the employees under the said Act/ Rules.

3. As the issue is to be settled without any further delay, it is once again requested to furnish the information/ details immediately to this office. While requesting to furnish the details Vide letters referred above, it was specifically requested to sent the soft copy also on E-mail address jkmishra__2005 @yhaoo.co.in or sanjeevkumar.pradhan @gmail. com.

4. It is, therefore, requested to all Circles, who have not furnished the information till date, to furnish the same immediately to this office latest by 31.08.2015. It is also requested to all Circles to ensure that soft copy of the details has been mailed to the above e mail address.

The matter may be treated as URGENT.

Yours faithfully,

sd/-

(].K Mishra)

Astt. General Manager(ESTT.II)

Source: http://www.bsnleuchq.com/190820150001.pdf