Supreme Court of India (Ranganath Misra and G.L. Oza, JJ.; judgment delivered by Ranganath Misra, J.), December 2, 1987, disposing of Writ Petition Nos. 15863-15906 of 1984 under Article 32 filed by casual labourers with 10-16 years' service in the Construction Department of the Signal Unit, Northern Railway, claiming parity with maintenance workers, equal pay for equal work and absorption in the regular cadre. Held: casual labour is a requirement of the Railway Administration and cannot be avoided; though the Indian Railway Establishment Manual (Para 2511) protects casual labour, implementation is ineffective and enforcement of Railway Board and Northern Railway Headquarters instructions is slack, and the Administration will be blamed if such allegations recur; the prevailing distinction between open line casual labour (temporary status on completion of 120 days' service) and project casual labour (temporary status on completion of 360 days under the scheme framed under orders of this Court) cannot be obliterated till temporary status is acquired. On acquisition of temporary status, casual labourers are entitled to termination/notice protection (subject to the Industrial Disputes Act, 1947), scales of pay, compensatory and local allowances, medical attendance, leave rules, provident fund and terminal gratuity, railway accommodation, passes, advances and other Ministry-authorised benefits, but retiral benefit of pension is not admissible to either category. Directions issued to screen untested petitioners and to consider each claim promptly for regularisation; petitioners entitled to the same pay as others in the project or the open line. Petitions disposed of without costs, relying on the absorption scheme operative pursuant to Inderpal Yadav & Ors v. Union of India, Writ Petition No. 147 of 1983.
