BHARAT SANCHAR NIGAM LTD. versus SRI DEO KUMAR RAI @ DEO KUMAR RAY

BHARAT SANCHAR NIGAM LTD. versus SRI DEO KUMAR RAI @ DEO KUMAR RAY

The Tribunal and High Court erred in setting aside the Committee's verified factual finding that the respondent had a maximum of 38 days in a calendar year and thus did not meet the 240-day requirement; the Tribunal failed to record evidence as directed under Section 22(3) of the Administrative Tribunals Act, 1985, and misapplied Uma Devi by aggregating service across multiple years. Consequently the impugned orders conferring temporary status were unsustainable and were quashed.

Parties
Appellant: Bharat Sanchar Nigam Ltd.; Respondent: Sri Deo Kumar Rai @ Deo Kumar Ray
Jurisdiction
India
Judgment Date
14 December 2021
Procedural Posture
Civil Appeal / Final Judgment (appeal Allowed)
Outcome
Appeals allowed; impugned orders set aside and quashed
Legal Topics
Regularization of Casual Workers, Temporary Status Under 1989 Scheme, Administrative Tribunals Act S.22(3) and Remand Procedure, Evidence and Authenticity of Documents, Computation of Service for Eligibility
Administrative Law Labour and Employment Law Service Law Regularization of Casual Workers Temporary Status Under 1989 Scheme Administrative Tribunals Act S.22(3) and Remand Procedure Evidence and Authenticity of Documents Computation of Service for Eligibility

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Parties

Bharat Sanchar Nigam Ltd.

Appellant

Sri Deo Kumar Rai @ Deo Kumar Ray

Respondent

Procedural Posture

Civil Appeal / Final Judgment (appeal Allowed)

Legal Issues

  1. 1 Whether the respondent satisfied eligibility under the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1989 by working at least 240 days in 12 months
  2. 2 Whether the Tribunal complied with the High Court remand direction to record evidence under Section 22(3) of the Administrative Tribunals Act, 1985
  3. 3 Whether service across multiple calendar years can be aggregated to meet the 240-day requirement for a single year based on Uma Devi reasoning

Ratio Decidendi

The Tribunal and High Court erred in setting aside the Committee's verified factual finding that the respondent had a maximum of 38 days in a calendar year and thus did not meet the 240-day requirement; the Tribunal failed to record evidence as directed under Section 22(3) of the Administrative Tribunals Act, 1985, and misapplied Uma Devi by aggregating service across multiple years. Consequently the impugned orders conferring temporary status were unsustainable and were quashed.

Court Disposition

Appeals allowed; impugned orders set aside and quashed

Orders

  • The impugned judgments of the Gauhati High Court dated 31.5.2018 and 4.6.2019 are set aside and quashed
  • The order of the Central Administrative Tribunal dated 25.8.2015 in T.A. No. 30/2009 is set aside and quashed