(10.1) Employment of staff paid from contingencies

(1 0. 1. 1) Sub: Employment of contingent- paid staff- Clarification regarding.

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)

(l 0. 1.2) Subject: Employment of staff paid from Contingencies.

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.

(10.1.3) Sub: Ban on creation of and filling up of vacant class IV (Technical & Non-technical) posts.

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.)

(10. 1.4) Sub: Engagement of Class IV Personnel on Daily Wage basis.

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).

 (10.1.5) Sub: Relaxation of ban on filling up of posts of peons- Regularisation of casual employees engaged on daily wage basis. 

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).

(10.1.6)    Sub: Relaxation of ban on creation/filling up of posts/vacancies of class IV posts - Regularisation of Daily Wage workers.

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.)

(10.1.7)            The DG-CSIR has decided that no persons on daily wage/contract basis will be appointed and no further extension to the persons already engaged on daily wage/contract basis will be granted after the expiry of their present term.  The services of these persons will automatically stand discontinued on the expiry of their present terms.

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).

(10.1.8) Sub: Employment of staff on daily wage/contract basis/work- charged basis.

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.)

(10.1.9)  Sub: Applicability of reservation orders in respect of daily rated staff.

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)

(10.1.10)   Sub: Engagement of daily wage/ casual workers in CSIR and its National Labs./Instts

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.)

(10.1.11) Sub: Engagement of daily wage/casual workers in CSIR and its National Labs./Instts.

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.)

(I0.1.12) Sub: Recruitment of causal workers/persons engaged on daily wages and on contract - Review of Policy.

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).

(10.1.13) Sub: Absorption of Casual Workers in CSIR and its Laboratories/Institutes.

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.    Name of the Scheme:- This Scheme shall be called "Casual Workers" Absorption Scheme, 1990".

2.    Administration of scheme:- The CSIR Hereinafter referred as 'Council' will administer the scheme.

3.    Objectives of the Scheme:- The Scheme being a one-time measure will be applicable to the workers engaged on casual basis and paid either on daily wage or monthly basis at CSIR Headquarters and its National Labs./Institutes as on 1.1.90.

4.    Scope of the Scheme:- The Scheme will be applicable to:-

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.

5.    Terms and conditions of regularisation:-

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.

6.    General Condtions:-

(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.

(10.1.14) Sub: Absorption of Casual Workers in CSIR and its Laboratories/Institutes.

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

1.    Name of the Scheme:- This Scheme shall be called "Casual Workers Absorption Scheme of CSIR, 1995" and will supersede all the earlier schemes on this subject operating in CSIR and its National Labs./Instts

2.    Administration of Scheme:- The CSIR hereinafter referred as 'Council' will administer the Scheme.

3.    To Whom Applicable?:- The Scheme being a one-time measure will be applicable to the workers engaged on casual basis and paid either on daily wage or monthly basis at CSIR Headquarters and its National Labs./Instts. and will also include casual workers engaged in a sponsored project/bilateral or any time bound project scheme.  Casual workers will include Contract workers directly engaged by the CSIR Labs./Instts. and being paid their wages on monthly basis

4.         Scope of the Scheme:- The Scheme will be applicable to Casual workers initially engaged through employment exchange or otherwise prior to 05-12-1988 but had not been regularised for want of regular vacancies or whose services have been dispensed with for want of regular vacancies and who had worked for 240 days/206 days including Sundays and Holidays (in the case of six days/five days a week, respectively) in a year prior to 05-12-1988 will have priority over the others in regard to absorption.  Those who have worked for lesser period, may be considered for absorption in accordance with the length of service put in by them.

5.    Terms and conditions of regularisation:-

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.

6.    General Conditions:-

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.

(10.1.15) As per CSIR Circulars dated 30.3.1990 and 4.10.90, no Casual/Contract/Daily wage workers can be employed by a Lab./lnstt. Without prior approval of DGSIR.. However, it is requested that details on the following points may please be provided for our information:-

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).

(10.1.16)    Sub: Regularisation of Casual/Contractual Workers in CBRI-Judgement of Honble CAT, New Delhi in the case Shiv Prakash Tyagi & Others Vs CBRI & others-Formulation of a Scheme therefore.

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.    Name of the scheme: This scheme shall be called CBRI Casual/Contractual Workers Absorption Scheme."

2.    Administration of Scheme: The CBRI hereinafter referred to as the 'Institute' will administer the Scheme.

3.    Objectives of the Scheme: The Scheme being a one-time measure will be applicable to workers who were engaged on casual/contractual basis and paid either on daily wage or monthly basis by the Institute upto 22.11.91.

4.    Scope of the Scheme: The Scheme will be applicable to:-

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.

5.    Terms and conditions of regularisation:

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.

b)    Casual/Contractual workers should be educationally qualified in the respective posts for which they are being considered for regular absorption.  Relaxation in qualifications and experience may be considered. by the appropriate authority if necessary, while treating them as forming a 'separate block' for the purpose of regularisation, as a special case.

  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.

6. General Conditions:

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 & 1) shall be banned till casual/contractual workers already engaged and satisfying the terms and conditions for regularisation, are fully absorbed

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.

(10.1.17) Sub: Non-deployment of casual/daily wage/contract workers by the Labs/Instts.

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.)

(10.1.18) Sub: Grant of temporary status and regularisation of the Daily Wage/Casual workers engaged by CSIR Iabs /Instts,

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:-

A.    Temporary Status

(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

B.    Temporary status would entitle them to the following benefits:

(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.)

(10.1.19)  Reference this office letter of even number dated 27.6.1994. The DGCSIR has been pleased to approve that the daily wage/Casual workers who have been identified and fulfill the conditions prescribed for absorption, under the "Absorption of Casual Workers, 1990 scheme of CSIR should be regularised at the entry level of Group 'C' and 'D' in technical or non-technical grades, as the case may be against the existing vacancies or vacancies arising in future after applying 10% cut in the sanctioned strength in the relevant Groups in which they are to be absorbed.

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.)

(10.1.20) Sub .. Grant of temporary status and regularisation of casual/daily wage workers.

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 basis, their wages will have to be debited to the sub-head "Wage".

4.       Whether the casual employees working in administrative offices observing 5 days week would be entitled to the benefit of paid weekly off

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.

5.    For the purpose of assessing leave entitlement how should qualifying period be reckoned?

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 casual workers who have recently died and that  dated 27-6- 94 in this connection. benefits of gratuity/ pensions, etc. will be available to them ?

12.   Whether wages of daily- rated workers covered  The existing procedure may be followed. Asunder temporary status are to be prepared on  already made clear, even after conferment of,hand Receipt (at present these are being  temporary status, these workers continue to be prepared on sand Receipt) or on form CPWA-58? casual workers

 13.   Whether attendance of the casual workers shall    There will be no change in this regard. The continue to be marked on Muster Roll Form existing practice of marking attendance will no. CPWA- 21(i) Revised or the same is to  be continue. The casual workers even aftermarked in the attendance register and paid conferment of temporary status continue to bethrough Form No.CPWA-29 as is done in the casual workers case of Group 'D' employees on workedcharged Estt.?

14. Whether Special Casual Leave/ Special increment for sterlization operation isadmissible to casual labourers with temporarystatus?  

(CSIR letter No.2(8)91-E-II, dated 24-7-1995)