In accordance with Item 3 of t he
Schedule of powers delegated to the Heads/Directors of the National
Labs./lnstts. vide CSIR Letter No.3/1/65-CTE. dated 13.1.66, they have been
empowered to incur "Expenditure on contingencies" under the head
'recurring' upto Rs.500/- per annum in each case
It is, however, observed that no
uniform procedure is being followed in regard to the employment of staff paid
out of contingencies by all the National Labs./lnstts. The following points may
be kept in view regarding the employment of contingent-paid staff:-
a) The
Director can appoint contingent-paid staff for work of really casual nature and
subject to the ceiling of Rs.5001- per annum in each case, if the expenditure
is debitable to P-4 Contingencies.
b) The
Director can also appoint such staff for causal work for certain
Work/Project/Scheme subject to the provision of funds in the approved estimate
of the Work/Project/Scheme.
c) Provisions
of G.F. Rs. (old) stand replaced by the Delegation of Financial Power's Rules,
1958.
(CSIR Letter No: 4(9)/68-E I, dated:
24th March. 1969)
While the question of enhancement of
powers of the Directors/Heads of the National Laboratories/Institutes regarding
employment of staff paid from Contingencies has been receiving consideration
separately, the advice of the Ministry of Finance was sought for about the
desirability of engaging daily wages staff for long period for the various
types of jobs mentioned by you in the circumstances explained therein. The Ministry have advised that after the
issue of their O.M. No:F.8(2)-Est (Spl)/60 dated 24.1.1961 on the basis of the
recommendations of the Second Pay Commission employment of Casual Labour Should
be restricted to the work of truely casual nature and where it is decided,
after a review that casual employees are to be brought on to regular
establishment the remuneration should be 363 regulated as for regular
employees. The remuneration of Casual
employees should be regulated in accordance with the O.M. dated 24.01.61
referred to above. A copy of the said
O.M. of the Ministry of Finance together with other connected orders issued by
that Ministry has already been forwarded to you under the cover of this office
circular letter No.4(9)164-EI dated 1.9.64.
Similarly their (Ministry of
Finance) O.M. No. F. 10(15)-E (Coord)/67 dated 23.09.67, which was circulated
for information & guidance vide this office dt. No.33(11)/67-G.II dated 5.10.67, lays down that employment of
staff paid from contingencies for work of a regular nature or against the
requirement of vacant posts, temporary or permanent, on the regular
establishment is irregular & should not be resorted to.
In view of the orders contained in the Ministry of Finance O.M. referred to above it would not be appropriate to engage Casual Labour for these jobs. Even otherwise employment of Casual Labour for performing duties of Chowkidars at vulnerable points is not desirable. I am accordingly directed to request that the question of employment of staff paid from contingencies be reviewed as a whole & regulated in the light of the orders/advice of the Minsitry of Finance referred to above including provisions of their other O.M. forwarded under the cover of this office letter No.4(9)/64-EI, dated: 1.9.196
(CSIR Letter No: 14(4)/69-EI, dated 19th Sept., 1969.
A policy question regarding creation of and appointment against Class IV
(Technical and Non-Technical) Posts in the CSIR Headquarters and the National
Labs./lnstts. has been engaging the attention of the CSIR for some time
past. In this context the
Vice-President, CSIR has observed as under:-
"Scientists at least should get out of the Class IV culture setting
an example to others. He has, therefore decided as under:-
(a) There should be total ban
of Class IV personnel on daily wage basis except where we have to set up a new
establishment and we have no intention for the time being to make appointments
on a regular basis.
(b) No posts at the Class IV
level should be created in any of the establishments of CSIR and no existing
vacancies at Class IV level should be filled up without the express permission
of the DG and the Vice-President, CSIR. .
(c) Directors/Heads of
Labs./lnstts. may please make a careful study of their staff distribution at
this level with a view to making rational use of the existing personnel and
also with a view to reducing the number gradually without throwing out of
employment such of those persons who are holding regular Posts.,
The above instructions may be followed in letter and spirit of the
Vice-President's directive.
(CSIR Letter No. 17(73)/74-E.II, dated 25-06-1974.)
Reference this office circular letter No. 17(73)/74-E.II dated
25-06-1974 wherein it was, inter-alia, stated that "there should be total
ban of Class IV personnel on daily wage basis except where we have to set up a
new establishment and we have no intention for the time-being to make the
appointments on a regular basis." The orders/instructions issued
subsequently by the Govt. of India in this regard have also been circulated for
compliance. It has, however, been seen
from the information received from various Laboratories-/Institutes that quite
a large number of such staff were engaged even after 25.06.74.
The D.G., SIR has since desired that National Labs./lnstts. should avoid
engaging Class IV personnel on daily wage basis. In this connection reference is invited to the item No.15 of the
proceedings of the 29th Conference of Directors of National Laboratories/Institutes
held on 2nd and 3rd June, 1978 at CFT'RI, Mysore wherein it was generally
agreed that the number of daily wage workers be brought down drastically by
taking steps to have them absorbed in regular cadres. It is presumed that
necessary action is being taken at your end.
There may however be some difficulty in recruitment of personnel for
fresh projects quickly and in such case, if any daily wage worker is to be
employed, the matter may be placed before Executive Committee for approval.
(CSIR Letter No 18/4/77-E.II. dated 22-09-78).
Reference this office circular No.31 (102)/80-G dated 07-04-81, on the
subject mentioned above. The question
of lifting of ban on the recruitment of peons in CSIR Headquarters and its
National Laboratories/Institutes has been carefully considered and it has been
decided that the restrictions on creation/filling up of Class IV
posts/vacancies imposed vide this office letter No. 17(73)/74-E.II dated 25th
June, 1974 will continue to be operative.
(CSIR Letter No 1/34/77-O&M(Vol.II), dated 15th May, 1981).
The
DGSIR, as a matter of policy, has been pleased to decide as
follows*-
1. No appointment on daily-wage
basis should be made in the CSIR and its National Laboratories/Institutes
hereafter.
2.
In the case of existing daily-wage workers,
those who have put in a minimum of 2 years service as casual labour as on
1.7.81, with a minimum of 240 days, may be regularised in accordance with
the instructions issued by the Govt. of
India on the subject from time to time, after expeditiously following the
normal procedure. Where this would
involve filling up of vacancies in class IV posts, it would be taken that you
are permitted to fill the vacancies.
3. While in general,
restrictions on creation/filling up of class IV posts/vacancies will continue
to be operative except to the extent shown in para 2 above, specific proposals
for creation of additional class IV posts for regularisation of the existing
daily-wage workers who fulfil the above conditions, will be considered by
DGSIR, subject to adequate justification on the basis of work load and other
requirements.
4. It has been represented that
in some Laboratories/Institutes, there are several daily-wage workers who are
working for the last several years, but they are not allowed to work for 240
days in any year, so that they may not become eligible for regular appointment
in accordance with the G.O.I. orders.
It has also been alleged that in many Laboratories, people with lesser
service as daily-wage worker is retained or regularised overlooking the claims
of people with longer years of service.
These practices should be avoided in future, and a list of all
daily-wage staff falling in this category with full particulars, i.e. the year
from which they are working on daily-wage basis, total number of days', service
in each year, natures of work, educational-qualifications, etc. may be
maintained.
5. Engagement of workers on
Contract basis should not be made for any work which is of a regular
nature. This may be resorted to for
seasonal work, like cutting of grass, etc. and preference may be given to the
sons of your staff for award of such work on Contract basis.
(CSIR Letter No 1/34/77-O&M-II. dated March 2,1982.)
All the Heads of Sections/Divisions are, therefore, requested to ensure
that no person is continued beyond the date of his/her sanction.
(CSIR Letter No: 3(58)/81-E.III/III, dated l6th May. 1983).
Attention is invited to CSIR letterNo.1/34/77-O&M dated:2.3.82 and
IFA's letterNo.4(181)-Bud/83 dated 14.2.83 on the above subject.
The DGS1R has decided that here
after no persons on daily wages should be employed by any of the divisions of
the CSIR Hqrs. The existing persons
working on daily wages/contract/work-charged basis will be regularised in
accordance with the rules as & when vacancies become available and in doing
so, it may please be ensured that quota reserved for SC/ST candidates is fulfilled.
In future, in some circumstances, if it becomes necessary to engage
people on daily wages/contract/work charge basis, orders regarding reservation
for SC/ST in services should be followed and such persons should be appointed
through the Employment Exchanges only.
The reservation is to be observed strictly according to the roster even
for temporary employment of 45 days and above, as per rules.
(CSIR Letter No 3(58)/81 -E.III/III, dated 29, Sept., 1983.)
Instructions were issued by the Government of India, Ministry of Home
Affairs, Department of Personnel & Administrative Reforms, New Delhi vide
their O.M. No. 36011/18/81-Estt (SCT) dated 15.7.81 stressing the need to
ensure that while engaging daily wage workers, SC/ST persons are employed in
accordance with the percentages fixed for them at the Centre or for local and
regional recruitments. It has been
observed that these instructions are not being followed scrupulously by some of
the Laboratories/Institutes. It is,
therefore, requested that the instructions contained in the aforesaid Office
Memorandum of the Government of India may kindly be strictly adhered to and any
departure on the part of the Laboratory/Institute in this regard will be taken
note of seriously.
Further detailed policy circular on the engagement of daily wages
workers is under issue separately with the approval of competent authority.
(CSIR Letter No. 17(133)/83-E-II(U.3), dated 7th Mar, 1984)
In suppressions
of this office circular letters No.1/34/77-O&M-II
dated 2nd March 1982, 4(181)/-Bud/83 dated 14-2-83 and No.3(58)/81-E.III/III
dated 29-9-83 on the above subject, I am directed to state that the DGSIR has,
after careful consideration of all aspects, approved the following guidelines
with regard to engagement of daily wage workers in future.
1. No daily wage workers should
be engaged against a regular post.
2. The work of a seasonal or
occasional nature may be given to the extent possible on contract basis
specifying the nature and quantum of work and not for supply of labour through
a contractor or an intermediate person.
3. In case the work of an
occasional or seasonal nature cannot be awarded to a contractor, daily wage
workers should be engaged for a specific duration which should be as short as
possible, and should clearly be specified subject to the following:-
i) Daily wage workers should be
engaged only through employment exchange.
ii) Normal reservation orders
for SC/ST will be followed as laid down in Govt. of India, Ministry of Home
Affairs, DPAR OM. dated 15-7-81.
iii) The persons engaged as
daily wage workers should possess the requisite educational/technical
qualification for Group 'D' posts without any relaxation.
iv) Services of such daily
wage workers should be dispensed with as soon as the work is over. Duration specified at the initial stage
should not be exceeded.
v)
Daily wage
workers should not be engaged for a
long duration but only for a short duration and for the work of a seasonal or
occasional nature.
vi) There will be no liability
on the part of the Lab./lnstt. to absorb such daily wage worker against a
regular post.
4. Whenever a regular Group 'D'
post falls vacant preference could be given to those daily wage workers who
have worked for over 240 days in each of the two preceding years (Including
broken period of service) are fully qualified, had been initially engaged
through the employment exchange and are suitable in all other respects. Even for offering regular posts to such
daily wage workers a list should be maintained so that a person engaged first
is considered before others. It is
again clarified that for regular appointments, the prescribed qualifications
are not relaxable and the appointing authority should be fully satisfied about
the suitability of the persons concerned and no relaxation should be made in
this regard.
5 . Administrative Officers and Finance &
Accounts Officers will be personally
responsible for strict compliance of the above guidelines.
(CSIR Letter No
17(133/1)83-E.II(U-3), dated 19th April, 1984.)
Attention is invited to this office circular letter of even number dated
19th April 1984 on the above subject. Kindly confirm that:-
1) no daily-wage worker is being
engaged against a regular post.
2) no daily-wage worker has been
engaged without using the agency of the local Employment Exchange
3) normal reservation orders for
Scheduled Caste/Scheduled Tribe as laid down in Government of India, Ministry
of Finance, Department of Personnel & A.R. dated 15-7-81 are being followed
strictly.
4) the persons engaged, if any,
as daily-wage workers now possess the requisite educational/technical
qualifications for grade 'D' posts, without any relaxation.
5) no daily-wage workers are now
being engaged for long duration.
6) if there are any daily-wage
workers engaged now for seasonal or occasional work, their names, fathers'
names, date of appointment on daily wage/contract basis together with the brief
details of the work for which these workers have been engaged, may be
intimated.
It is requested that proper record of daily-wage workers is kept at least
from 19-4-84 i.e. the date of issuance of our circular letter referred to
above.
The above information may kindly be sent so as to reach this office
latest by 31st May 1984 positively,
(CSIR Letter No
17(133/1)/83-E.II(U73), dated 10th/14 May,84.)
Of late the matter regarding fixation of remuneration of Casual/Daily
Wage/Contract Workers and their regularisation or otherwise has been engaging
the attention of CSIR in the light of orders contained in Department of
Personnel & Training vide their 01\4 No.49014/2/86-Estt(C) dated 7.6.88
which were circulated to all the National Labs. Instts. vide CSIR endorsement No.31(91)/87,-G dated 8.11. 88.
On the recommendations of a committee constituted for the above purpose,
the DGCSIR has been pleased to accord approval to the following: -
1. That all daily
wage/casual/contract workers who-are doing, the same type of jobs as performed
by regular employees of the Lab./Instts. of comparable grade and as may be
determined by the Committee referred to at 2(a) below may be paid remuneration
as prescribed by GOI vide their OM dated 7.6.88 referred to above, w.e.f.
1.4.90.
2. A Committee may be
constituted in each Lab./lnstt. to screen the cases of daily
wage/casual/contract workers to examine and make recommendations:-
(a) Number of persons actually
doing the same type of jobs as performed by regular employees of the
Labs./Instts. of comparable grade(s).
(b) Number of such workers (out
of total number as worked out at (a) above) who could be absorbed against the
existing vacancies without dilution of qualifications, experience etc.
(c) Number of persons (out of
(a) after adjusting the number as proposed at (b) above) who are otherwise
considered to be eligible for absorption without dilution of qualifications,
experience etc. and on the basis of work-load, but could not be adjusted for
want of requisite number of vacancies in the relevant grades.
(d) Number of persons (remaining number after adjusting (b) and (c) above who may be required to continue to work on Daily Wage/Casual/Contract basis for a specified period but their services may not be required on regular footing. an
(e) Number of persons who are
not covered by the points mentioned at (a), (b), (c) and (d) above and whose
services could be dispensed with forthwith.
It is, therefore, requested that immediate action may kindly be
initiated to constitute the screening committee in your Laboratory as above and
to implement the decision at (1) above as well as to take necessary steps for
(1) absorption of persons mentioned at category 2(b) as per prescribed
procedure; (ii) for initiating proposals for creation of additional posts
wherever necessary in respect of persons at category (c) in a phased manner;
and (iii) to forthwith dispense with the services of persons mentioned at (e),
and those at (d) after the specified period is over.
The DGSIR has further desired that strict instructions should be issued
to the Labs./Instts. not to engage any such daily wage/casual/contract workers
in future. In case, it becomes
absolutely essential to engage such persons for execution of sponsored
project(s) or for any specific time- bound work, their engagement should be
coterminus with the completion of the concerned work, and this should only be
done with the prior approval of CSIR.
(CSIR Letter No 3(58)/87-EIII/V, dated 30th March, 1990).
In continuation bf this office circular No.3(58)/87-E.III/V dated
30.3.1990, a regular Scheme entitled "Casual Workers Absorption Scheme,
1990" formulated in pursuance of the decision of the Supreme Court in Case
No.W.P. (CIVIL) No.631 OF 1988 of INSDOC.
A copy of the Scheme is enclosed for Information Guidance and
implementation.
(CSIR Letter No 1(20)/86-E.II, dated 4th Oct, 1990.)
Absorption of Casual Workers
in CSIR
1.
2.
4.
i) Casual workers engaged initially
through employment exchange.
ii) Casual workers engaged
otherwise than through employment exchange and
iii) Casual workers in
employment on the date of issue of these instructions but not having been
engaged for at least one year on 1. 1.90 or having completed 240 days (206 days
in case of 5 days week) in the immediately preceding calendar year.
a) Wherever age limit is
prescribed, it will be determined after allowing age relaxation to the extent
of completed years of casual service in the Lab./Instt
b) Casual workers should be
educationally qualified for the post as prescribed from time to time for which
regularisation is considered; no dilution of qualifications will be allowed.
c) Orders on reservation issued
by GOI from time to time and made applicable to CSIR shall be applied under the
Scheme.
d) Absorption will be against
the available vacancies and/or those arising in future in Group-D or C category
of posts.
e) Casual Workers who do not appear
in test and/or interview in spite of age relaxation or who are not successful
in two chances in a period of six months, will be removed from casual
engagement with one month's notice or payment in lieu thereof.
f) Absorption will be as per
normal procedure of recruitment prescribed for the post including qualifying in
the trade test, if any.
(a) Regularisation will be
considered for the entry level post of Group C or Group D in technical or
non-technical grade. The persons may be
posted in any Lab./Instt. where the vacancies are available. panels will be
drawn by respective Labs./Instts.
(b) Open recruitment for
filling up entry level vacancies in Group-C & D shall be banned till casual
workers already engaged but satisfying the terms and conditions for
regularisation, are fully absorbed.
(c) Casual workers on
regularisation will have no right to make claim for appointment only in the
same Lab./Instt. where they were engaged as casual workers. On their regular appointment, they will not
be entitled to any benefit for the past period of casual service rendered by
them as casual workers. Panels drawn by
Lab./Instt. will be circulated to all the Labs./Instts in order to explore the
possibility of their appointment against the suitable vacancies available in
their Labs./lnstts.
(d) This Scheme is not applicable to persons engaged on contract through any outside agency
(e) This Scheme will not be applicable to casual workers/contract workers
engaged in a Sponsored Project/Bilateral or any time-bound project/scheme
through any source.
7. DG-CSIR shall have the power
to relax any of the provision of the Scheme and shall have the power to
interpret the provisions of the Scheme within its framework, which shall be
final and binding.
8. There will be complete ban
on engagement of casual workers for performing duties of regular nature. If any
deviation in this regard is made, COA/AO will be held responsible for the same.
Reference this office letter No. 1(20)/86-E.II dated 04-10-1990
forwarding the "Casual Workers Absorption Scheme, 1990". The said Scheme has since been modified in
pursuance of the direction given by the Hon'ble Supreme Court in one of the
cases filed by some of the Casual Workers of a National Laboratory.
A copy of the revised scheme entitled "Casual Workers Absorption
Scheme of CSIR, 1995" approved by the Governing Body at its 140th meeting
held on 31.10.1995 is enclosed herewith for your information, guidance and
necessary action. While approving this
revised scheme, the Governing Body has also approved that the Casual Workers
already identified for absorption under the earlier scheme of 1990 may be
absorbed on the basis of the qualifications prescribed for recruitment to entry
level posts in Group "C" and "D" (S&T and
non-technical) prior to 1.4.90. However, for the Casual Workers engaged after
1.4.90 their absorption will be considered on the basis of the qualification
prevailing under the relevant recruitment rules at the time of consideration of
their cases for absorption subject to fulfilment of other conditions of the
revised scheme for such absorption.
The Governing Body is also to be kept informed about the number of
Casual Workers absorbed in terms of this Scheme from time to time. For this purpose the details of the casual
workers absorbed in your Lab./lnstt. May kindly be provided to this office
regularly by 15th of January and 15th of July every year.
(CSIR Letter No.2(28)/91 -E.II, dated 06-12-1995).
Absorption of Casual Workers in
CSIR
3.
a) Wherever age limit is
prescribed it will be determined after allowing age relaxation to the extent of
completed years of casual service in the Lab./Instt.
b) Casual workers should be
educationally qualified for the post as prescribed from time to time for which
regularisation is considered; no dilution of qualifications will be allowed.
c) Orders on reservation for
SC/ST/OBC, etc issued by Govt. of India from time to time and made applicable
to CSIR shall be 33 applied under the Scheme.
d) Absorption will be against
the available vacancies and/or those arising in future in Group-D or C category
of posts.
e) The CSIR Labs./Instts. will
conduct necessary trade test and/or interview for empanelment of the eligible
casual workers employed in the respective Labs/Instts. for their subsequent
absorption against available vacancies.
Casual workers who do not appear in test and/or interview in spite of
age relaxation or who are not successful in two chances in a period of six months,
will be removed from casual engagement by one month's notice or payment in lieu
thereof.
f) Absorption will be as per
normal procedure of recruitment prescribed for the post including qualifying in
the trade test, if any.
a) Regularisation will be
considered for the entry level post of Group-C or Group-D in technical or non-
technical grade, as the case may be.
b) Open recruitment for filling
up entry level vacancies in Group-C&D shall be banned till casual workers
already engaged but satisfying the terms and conditions for regularisation, are
fully absorbed.
c) Casual workers on
regularisation will have no right to make claim for appointment only in the
same Lab./Instt. where they were engaged as casual workers and may be posted in
any Lab./lnstt. depending upon availability of vacancies and need for the kind
of manpower.
d) Panels drawn by Lab./lnstt.
will be circulated to all the Labs./Instts. in order to explore the possibility
of their appointment against the suitable vacancies available in their Labs./Instts.
7. DGSIR shall have the power to relax any of the conditions/provisions
of the Scheme and shall have the power to interpret the provisions of the
scheme within its framework, which shall be final and binding.
8. There will be complete on
engagement of casual workers in future for performing duties of regular nature.
1. Number of daily
wagers/casual workers in position as on 1. 1.90, as per CSIR circular No.
1(20)/86. E.III dated 4.10.90.
2. Number of Contract Workers
in position as on 1.4.90 as per CSIR Circular No.3(58)/87-E.III/V dated:
30.3.90.
3. Date of initial engagement
with duration and reasons for continuance thereafter separately in respect of
Daily Wagers/Casual Workers and Contract Workers respectively.
4. Qualifications of each
worker.
5 . Number of those workers who
were performing jobs of full-time nature and nature of job entrusted to them
and the regular employees was the same and; who are likely to be absorbed as
per prescribed criteria laid down in the above mentioned circulars, in the near
future keeping in view the orders on reservation for SC/ST candidates.,
6. Number of Group-D and
Group-C entry grade vacancies likely to fall vacant during the coming 5 years
ending upto 31.3.1997.
Information about Daily Wagers/Casual Workers and Contract workers
should be prepared separately.
It is requested that the above information may kindly be provided within
a month. It is, however, reiterated
that no casual/daily wage contract worker can be employed by the Labs./Instts.
beyond 31/3/90 without the approval of DGSIR and this may kindly be kept in
view scrupulously failing which COA/AO of the Lab./Instt. will be personally
held responsible for the same.
(CSIR Letter No 2(28)/91-E.II, dated 21st Jan., 1992).
In pursuance of the decision given on 26.11.91 by CAT, Principal Bench,
New Delhi and the decision of the Supreme Court dated 15.5..92 given on the
SLP. filed by CBRI/CSIR, the Scheme has been formulated, namely, "CBRI
Casual/Contractual Workers Absorption Scheme" in consultation with Finance
and Legal Advisor of CSIR and a copy of the same is enclosed for necessary
action. It is requested that compliance
of the CAT decision with regard to preparation of the Scheme may kindly be
intimated to the CAT under intimation to Legal Advisor of CSIR.
(CSIR Letter No 2(16)/89-Law, dated 7/12/1992.)
CBRI/Casual/Contractual
Workers Absorption Scheme
1 . Casual/Contract workers who
are working or who have worked with the Institute for more than 240 days in a
year as on 22.11.91 for reckoning the period of 240 days & the break in
between should be ignored.
2. Provided they were and/or
are not in employment in any Governmental/Semi.
Govt./Public Sector Undertaking/Local Self-Govt./Public Sector
Enterprises/ Autonomous Body etc. after their discontinuance with CBRI and they
had not left on their own.
a) Wherever age limit is
prescribed, it will be determined after allowing age relaxation to the extent
of the period of service already put in by them on casual or contractual basis
in this institute.
c) Orders on reservation issued by GOI from time to time and made
applicable to CSIR shall be applied under the scheme.
d) Absorption will be against
the available vacancies, and/or those arising in future in Group D or C
category of posts.
e) Casual/Contractual workers
who do not appear in test and/or interview in spite of age relaxation or who
are not -successful in two chances in a period of six months, will be removed
from casual/contractual engagement with one month's notice or payment in lieu
thereof.
f) Absorption will be as per
normal procedure of recruitment prescribed for the post including qualifying in
the trade test if any.
a) Regularisation will be
considered for the entry level post of Group C or Group D in technical or non-
technical grades.
b) Open recruitment for filling
up entry level vacancies in Group C
c) Casual/Contractual workers on
regularisation will not be entitled to any benefits for the past period of
casual/contractual service rendered by them as casual/contractual workers.
7. Director, CBRI shall
have the power to relax any of the provisions of the Scheme and shall have the
power to interpret the provisions of the Scheme within its framework, which
shall be final and binding on all concerned.
The proposal regarding absorption of casual/daily wage/contract workers
of various laboratories/Institutes was placed before the Governing Body at its
meeting held on 4/11/92. While considering
this proposal, the Governing body has specifically desired as under:-
"Engagement of any daily wage/contract/casual worker, if found
absolutely essential, will only be made with the prior approval of
Director-General, SIR and any violation thereof will attract appropriate action
against those found responsible."
The above decision of Governing Body is brought to your kind notice for
information, guidance and strict compliance.
(CSIR Letter No 2(28)/91 -E.II, dated 20th Jan, 1993.)
Reference CSIR letter No. 1(20)/86-E.II dated 4.10.90 communicating the
Scheme entitled "Casual Workers Absorption Scheme, 1990". The Governing Body of CSIR, at its meeting
held on 12.1.94, has approved Conferment of temporary status in terms of
Government of India instructions issued vide DOPT O.M. No. 51016/2/90- Estt.(C)
dated 10.9.93 on the Daily Wage/Casual Workers already identified for absorption
under the aforesaid Scheme, in various CSIR Labs./lnstts., as mentioned
hereunder:-
(i) Conferment of temporary
status would be without reference to the creation/availability of regular
posts.
(ii)
Conferment of temporary
status would not involve any change in his/her duties and
responsibilities. The engagement will
be on daily rates of pay on need basis.
He/She may be deployed anywhere within the recruitment unit/territorial
circle on the basis of availability of work.
(iii) Temporary status would not. however, entitle them to be brought on the permanent establishment unless they are selected through regular selection process as per procedure prescribed in the CSIR Scheme on Absorption of Casual Workers
(i) Wages at daily rates with
reference to the minimum of pay scale for a corresponding regular lowest Group
- D/Group -C official, as the case may be, including DA, HRA, and CCA.
(ii) Benefits of increments at
the same rate as applicable to a Group - D/ Group - C employee would be taken
into account for calculating pro-rata wages for every one year of service
subject to performance of duty for at least 240 days (206 days in
administrative officers observing 5-Days week) in the year from the date of
conferment of temporary status.
(iii) Leave entitlement will be
on a pro-rata basis at the rate of one day for every 10 days of work, casual or
any other "kind" of leave,
except maternity leave, will not be admissible. They will also be allowed to carry-forward the leave at their
credit on their regularisation. They
will not be entitled to the benefits of encashment of leave on termination of
service for any reasons or on their quitting service.
(iv) Maternity leave to lady
casual workers as admissible to regular Group-D/Group-C employees will be
allowed.
(v) 50% of the service rendered
under Temporary Status would be counted for the purpose of retirement benefits
after their regularisation.
(vi) After rendering three years' continuous service after conferment of temporary status, the daily wage/casual workers would be treated on par with temporary Group- D/Group-C employees for the purpose of contribution to the General Provident Fund, and would also further be eligible for the grant of Festival Advance/Flood Advance on the same conditions as are applicable to temporary Group-D/Group-C employees, provided they furnish two sureties from permanent Govt. servants of their Department
(vii) Until they are regularised, they would be entitled to Productivity Linked Bonus/Ad-hoc bonus only ;it the rates as applicable to Daily Wage/Casual workers
(viii) Despite conferment of
temporary status, the service of a daily wage/casual worker may be dispensed
with by giving a notice of one month in writing. A daily wage/casual worker with temporary status can also quit
service by giving written notice of one month.
The wages for the notice period will be payable only for the days on
which such casual worker is engaged on work.
You are requested kindly to take further necessary action accordingly to
grant the temporary status to the concerned daily wage/casual workers of your
lab./instt. The above orders will take effect from 12.1.94.
(CSIR Letter No: 2(28)/91-E.II, dated: 27-6-1994.)
You are, therefore, requested kindly to take further necessary action in
the matter accordingly.
(CSIR Letter No:2(28)91-EII, dated: 22nd December,94.)
Reference this office circular letter of even number dated 27-6-94.
References have been received by us from various Labs./lnstts., seeking
clarifications on certain points relating to the grant of temporary status to
the Casual/Daily wage workers. The
clarification in respect of the points raised in these references are given
here under : -
Point raised
1 . Whether temporary status
could be granted to the part-time casual employees.
No.
2. Will the casual labourers
initially engaged after crossing the upper age limit prescribed for recruitment
to Group 'D' posts be eligible for grant of temporary status?
No Age limit has been Prescribed for grant of temporary status. However,
for the purpose of subsequent regularisation. the conditions regarding age and
educational qualifications Prescribed in the relevant recruitment rules will
apply.
3. Will the wages of casual
employees be debited to the Salaries sub-head of the establishment or to the
contingent sub-head?
Since the casual
employees On grant of temporary status would be entitled for wages on actual
4. Whether
the casual employees working in administrative offices observing 5 days week
would be entitled to the benefit of paid weekly
Since the facility of paid weekly off is admissible after 6 days of
continuous work, this would not be admissible to casual employees working for 5
days in a week.
Qualifying period should be reckoned with reference to actual number of
days duty performed ignoring days of weekly off, leave and absence, etc. All days of duty will be counted
irrespective of intervening spells of absence, which do not constitute break in
service.
6. Frequency at which leave
will be credited.
Twice a year. On the 1st of January and 1st of July credit will be afforded for the preceding half-year or fraction thereof, on a pro-rata basis at the rate of one day for every 10 days of work
7. Whether the casual workers shall be entitled for payment of Gazetted Holidays.
No.
8. Whether Service Books in
respect of casual workers conferred temporary status is granted are to be
opened and if not, how the benefit of grant of annual increments, leave on pro-
rata basis at the rate of 1 day for every 10 days as per the orders, is to be
regulated?
This is a matter of convenience.
If the field offices feel that
it is not essential to open Service Books and they can regulate the benefits
extended without opening of Service Books is more convenient to maintain the
records properly, they can follow this practice. However, for the sake of uniformity it is advised that Service
Books in respect of all workers are opened.
9. Whether there will be any
change in operation of orders regarding payment of OTA to the casual
workers/consequent upon implementation of the orders of grant of temporary
status.
No.
10. Whether medical facilities to casual workers conferred temporary
status are admissible.
No.
11
Whether
these orders are also applicable to the
Kindly
refer Paras (v) and (vi) o circular
12. Whether wages of daily- rated workers covered The existing procedure may be followed. As
14. Whether Special Casual Leave/ Special increment for
sterlization operation is
(CSIR letter No.2(8)91-E-II, dated 24-7-1995)