Border Roads Organization Labourers Union v. Union of India and 9 Ors

ORDER Date : 29.07.2024

Heard Ms. B. Bhuyan, learned counsel for the petitioner. Also heard Mrs. A. Gayan, learned CGC appearing for the respondents. The challenge made in the present proceeding is to a Signal/Message dated

14.08.2017 issued by the Border Roads, DTG directing therein that the casual workers in the organization can be recruited within the age limit of 18 years and 50 years. Consequent to the said Signal dated 14.08.2017, the Commandant HQ 9 Road Construction CoY issued a communication dated 07.08.2018 directing therein to remove/discharge all casual workers whose age are below 18 years and above 50 years and engaged in the works of the said organization. Today when the matter is taken up, Mrs. A. Gayan, learned CGC appearing for the respondents has placed on record a communication dated 11.10.2018 pertaining to General Guide Lines Recruitment of Casual Paid Labourers in the organization and therein the earlier stipulation that person above 18 years but below 50 years may be employed on daily or monthly rates of pay as on required basis as was holding the field was substituted with the following:- "The personnel above the age of 18 years may be employed in BRO subject to their physical fitness and good health condition in order to perform specified jobs on daily or monthly rates of pay on "as on required" basis within the approved estimates and the allotment of funds. If employed on monthly rates, the period of their engagement shall be for a maximum period of six months (not more than 179 days) at a time and the personnel shall not be eligible for any of the privileges of continued employed under Government. The services of the personnel are liable to be terminated at any time without notice and no terminal benefits shall be payable." Page No.# 4/4

The said stipulation as brought into force vide the said communication dated

11.10.2018 pertaining to the engagement of the casual paid labourers in the organization, requires that the personnel above the age of 18 years may be employed and the earlier stipulation that such employment would be limited to persons aged 50 years has now been replaced with the stipulation that persons may be employed in the organization continuously subject to their physical fitness and good health condition requisite for performing specified jobs. In view of the said stipulation, the grievance raised by the petitioners in the present proceedings stands redressed. It is provided that the casual paid labourers be continued to be engaged from the minimum age of 18 and even after 50 years, if they are on examination found to be physically fit to undertake the job for which they are so engaged. With the above clarification, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010181392018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5712/2018o BORDERoROADSoORGANIZATIONoLABOURERSoUNIONo REP.oBYoITSoPRESIDENToLEKIoTSERING,oS/O-oLATEoLEKIoSANGEY,oHAVINGo ITSoHEADoOFFICEoAToBASANTIPUR,oTEZPUR,oP.OoANDoP.S-oTEZPUR,oDIST-o SONITPUR-o784001,oASSAMoPRESENTLYoAToPARVATIoNAGAR,oP.O-o CHANDMARI,oP.S-oLATASIL,oTEZPUR,oDIST-oSONITPUR,oASSAM,oPIN-o784001 VERSUSo UNIONoOFoINDIAoANDo9oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINoOFoDEFENCE,o SOUTHoBLOCK,oNEWoDELHI-o110001 2:THEoSECRETARY oTOoTHEoGOVToOFoINDIA oMINoOFoLABOURoANDoEMPLOYMENT oAPoBHAWAN oNEWoDELHI-o110001 3:THEoSECRETARY oTOoTHEoGOVToOFoINDIA oMINoOFoPERSONNEL oPUBLICoGRIEVANCESoANDoPENSIONS oSOUTHoBLOCK oNEWoDELHI-o110001 4:THEoSECRETARY oTOoTHEoGOVToOFoINDIA oMINoOFoTRIBALoAREAS oSHASTRYoBHAWAN oDR.oRAJENDRAoPRASADoROAD oNEWoDELHI-o110001 Page No.# 2/4 5:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPTT OF PLAIN TRIBES AND BACKWARD CLASSES DISPUR GUWAHATI- 781006 ASSAM 6:THE BORDER ROADS DEVELOPMENT BOARD REP. BY THE SECRETARY TO THE GOVT OF INDIA MIN OF ROAD TRANSPORT AND HIGHWAYS 4TH FLOOR B WING SENA BHAWAN NEW DELHI- 110001 7:THE DIRECTOR GENERAL BORDER ROADS ORGANISATION SEEMA SADAK BHAVAN RING ROAD NEW DELHI CANTONMENT NEW DELHI- 110001 8:THE CHIEF ENGINEER(P) VARTAK BORDER ROADS ORGANISATION C/O- 99 APO TEZPUR DIST- SONITPUR ASSAM PIN- 784001 9:THE COMMANDANT THE GENERAL RESERVE ENGINEERING FORCE DIGHI CAMP PUNE- 411015 10:THE CHIEF SECRETARY GOVT OF ARUNACHAL PRADESH PIN- 79111 Advocate for the Petitioner : MR. P K SARMA Advocate for the Respondent : ASSTT.S.G.I. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR