A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha issued notice on the plea filed by Yash Pal and others, represented by advocates Balwant Singh Billowria, Tripurari Ray, Nithyananda Murthy P., Bhanu Prabha, Vivekanand Singh, and Manu Shanker Mishra.
Some of the petitioners who have been working under the Ministry of Defence, for the last 24 years continuously are being deprived of their right to be treated as regular employees.
“Petitioners are still being treated as a loader on daily wages and have not implemented the scheme called “Casual Labourers (Grant of Temporary Status and Regularisation) scheme of Government of India, 1993″ In view of the letter dated 14.10.1993 issued by the Government of India, Ministry of Defence to all three chiefs i.e The Chief of the Army Staff, The Chief of Naval Staff, The Chief of Air Staff in respect of grant of temporary status and regularization of casual workers,” the plea said.
Petitioners, admittedly have been working for 353 days in a year and have been working for the past more than 24 years, however, they are still being treated as daily wagers, by the respondents.
The petitioner also urged to issue an appropriate direction to treat petitioners as regular loaders in the Indian army and extend them all benefits which are being given to the regularly appointed loaders discharging identical work by treating already rendered services by the petitioners as rendered by regularly appointed loaders and further are entitled to be considered for grant of temporary status and consideration for regularization in view of the scheme called “Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993.”
The petitioner sought to direct the respondents to consider regularization of the petitioners in the present post from the day they have completed 240 days with all consequential benefits on such regularization.