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 pow 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
Click here to download original order.
