Daily wage/Casual/Contract Workers.

(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:-

  1. 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.
  2. 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.
  3. 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.(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:-

  1. 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.
  2. 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. .
  3. 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.,
  4. /

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:-
    1. Daily wage workers should be engaged only through employment exchange.
    2.  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.
    3. The persons engaged as daily wage workers should possess the requisite educational/technical qualification for Group 'D' posts without any relaxation.
    4. 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.
    5. 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.
    6. 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:-
    1. Number of persons actually doing the same type of jobs as performed by regular employees of the Labs./Instts. of comparable grade(s).
    2. 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.
    3. 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.
    4. 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
    5. 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:-
    1. Casual workers engaged initially through employment exchange.
    2. Casual workers engaged otherwise than through employment exchange and
    3. 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:-
    1. 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
    2. 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.
    3. Orders on reservation issued by GOI from time to time and made applicable to CSIR shall be applied under the Scheme.
    4. Absorption will be against the available vacancies and/or those arising in future in Group-D or C category of posts.
    5. 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.
    6. Absorption will be as per normal procedure of recruitment prescribed for the post including qualifying in the trade test, if any.
  6. General Condtions:-
    1. 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.
    2. 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.
    3. 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.
    4. This Scheme is not applicable to persons engaged on contract through any outside agency
    5. 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:-
    1.  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.
    2. 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.
    3.  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.
    4.   Absorption will be against the available vacancies and/or those arising in future in Group-D or C category of posts.
    5.  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.
    6.  Absorption will be as per normal procedure of recruitment prescribed for the post including qualifying in the trade test, if any.
  6. General Conditions:-
    1. 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.
    2. 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.
    3. 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.
    4. 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. 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. 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. 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. 4. Qualifications of each worker.
  5. 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. 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:
    1. 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.
    2. 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.
    3. Orders on reservation issued by GOI from time to time and made applicable to CSIR shall be applied under the scheme.
    4. Absorption will be against the available vacancies, and/or those arising in future in Group D or C category of posts.
    5. 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.
    6.  Absorption will be as per normal procedure of recruitment prescribed for the post including qualifying in the trade test if any.
  6. 6. General Conditions:
    1. Regularisation will be considered for the entry level post of Group C or Group D in technical or non- technical grades.
    2. 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
    3. 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

  •  Conferment of temporary status would be without reference to the creation/availability of regular posts.
  • 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.
  • 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:

    1. 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.
    2. 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.
    3. 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.
    4. Maternity leave to lady casual workers as admissible to regular Group-D/Group-C employees will be allowed.
    5. 50% of the service rendered under Temporary Status would be counted for the purpose of retirement benefits after their regularisation.
    6. 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
    7. 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
    8. 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.

    2. No.

    3. 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?
    4. 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.
    5. Will the wages of casual employees be debited to the Salaries sub-head of the establishment or to the contingent sub-head?
    6. 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".
    7. Whether the casual employees working in administrative offices observing 5 days week would be entitled to the benefit of paid weekly off5.For the purpose of assessing leave entitlement how should qualifying period be reckoned?
    8. 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.
    9.  Frequency at which leave will be credited.
    10. 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
    11. Whether the casual workers shall be entitled for payment of Gazetted Holidays.

    12. No.

    13. 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? 
    14. 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.

    15. 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.

    16. No.

    17. 10. Whether medical facilities to casual workers conferred temporary status are admissible.

    18. No.

    19. 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 ?
    20. 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
    21. 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.?
    22. 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)

     (10.2)   Engagement of Daily wage/Casual/Contract employees for Sponsored Project.

     (10.2.1) Sub: Engagement of Daily-wage staff in Sponsored Project/Schemes.

    While looking at the question of creation of new posts in Labs./Instts., DGSIR has expressed his concern over the magnitude of the problem relating to the number of posts required for absorption of staff engaged on daily/monthly wages basis and in Sponsored Projects or Schemes.  Some Labs./lnstts. have been engaging these categories of staff in large numbers without taking into account the organisational implications on long term basis.

    1. Member (Finance) has observed that Research Laboratories manned primarily by scientists and technologists and not by Class IV staff and is most reluctant to agree to the creation of such posts.
    2. In CSIR Circular No.1/34/77-O&M-II, dated 2nd March, 1982, instructions have been issued to stop engagement/employment of casual staff completely and gradually absorb in regular strength those who have put in a minimum of two years service as a casual labour as on 1st July, 1981 with a minimum of 240 days per year.  It is hoped that after the issue of the Circular dated 2nd March, 1982, no fresh daily wage staff has been engaged and I would like you to confirm this categorically for your laboratory.  Considering the serious repercussion in future for engagement of daily wage staff, DGSIR has reiterated that the engagement of persons on daily wage or monthly contract rate should be totally stopped and the FAO/Sr.FAO of the Lab./Instt. will be personally responsible to ensure that no expenditure is incurred on this account in respect of persons engaged after issue of the Circular of 2nd March, 1982.
    3. Similarly the Lab./lnstt. has to be careful in engaging persons for sponsored Project/Scheme.  According to the instructions issued by the CSIR persons making in the Sponsored Project/Scheme earn eligibility for absorption in the regular posts of the Lab./lnstt. after they put in the required length of service.  Therefore, when the Lab./lnstt. engages such persons in any sponsored project/scheme the future contingency of absorption of those persons is embedded at the initial stage of recruitment.  In order to avoid such embarrassing situations, DGSIR has further been pleased to decide as follows:-
      1. No new staff should be recruited against sponsored project/scheme unless their absorption after the expiry of the scheme is assured & clearance is obtained from Director-General;
      2. The existing regular staff of the Lab./Instt. should be deployed in the sponsored project/scheme as far as possible.
      3. While accepting any Sponsored Project/Scheme hereafter availability of the required types of personnel in the Laboratory/Institute should be looked into besides ensuring that those projects/schemes are circumscribed within the priority areas of the Laboratory/Institute.

    (CSIR Letter No: 4(181)-Bud/83, dated 14th Feb., 1983).

    (10.2.2) Sub: Appointment of persons on contract basis for the Sponsored Projects/Schemes undertaken by the Labs./Instts.

    In pursuit of the GOI, Deptt. of Personnel and Training Orders dated 7.6.88, necessary guidelines were circulated to all Labs./lnstts. on 30.3.90 with regard to absorption of casual workers/persons already engaged on contract etc. by the Labs./Instts. It was also communicated in the above orders that in future persons may be engaged for the sponsored Projects/Schemes only with the prior approval of CSIR.

    After taking into consideration the references received from a number of Labs./lnstts. seeking permission for engagement of persons on contract for the consultancy projects, CSIR is already seized with the framing of a mechanism to meet this requirement but keeping in view the provisions of the Contract Labour (Regulation & Abolition) Act, 1970, it has been decided that as an interim measure the following procedure may be adopted in order of preference.

    1. The existing staff strength should be utilised to the optimum by detailing them for the project work.
    2. Minimal requirement of additional man-power for S&T activities may be met-out from the ceilings of Peer Review already fixed for the year 1987-90.  This demand could also be met by inducting of S&T staff on deputation basis from sister Labs. and outside organisations, as per rules.
    3. With regard to non-technical staff, retired employees may be engaged upto a period of six months subject to the ceiling of the emoluments as fixed in the case of a Consultant under extant GOI orders issued from time to time.
    4. If at all additional man-power is a must to man the project work, proposal for creation of posts in the regular side may be initiated giving their justification so that the quality standard may be applied for their induction.
    5. It is requested that the foregoing parameters may kindly be followed scrupulously to meet the requirements of additional man-power for the Sponsored Projects/Schemes as an,- interim measure till guidelines for engaging persons on contract basis keeping in view the provision of the Contract Labour (Regulation and Abolition) Act, 1970 are circulated to the Labs./Instts.

      (CSIR letter No.5(8)/90-E-II, dated 29-11-90)

      (10.2.3) SUB: Appointment of Persons on contract basis for the Sponsored Projects/Schemes undertaken by the Labs./Instts.

      Para-3 of this office circular of even number dated 29.11.1990 may kindly be substituted by the following:-

      " With regard to non-technical staff/technical staff upto the scale of Rs. 1640-2900/retired employees may be engaged upto a period of six months subject to the ceiling of the emoluments as fixed in the case of a Consultant under extant GOI orders issued from time to time."

       (CSIR Letter No: 5(8)/90-E.II dated 10th Dec., 90.)

      (10.2.4) Sub: Deployment of manpower in a Sponsored Project/Scheme of a Lab./Instt.  At the time of deployment of such staff, a stipulation was made in the offer of appointment to the effect that they were being deployed in a Sponsored Project/Scheme on behalf of the Sponsor for a fixed period for the duration of the scheme/project only and the appointment in a scheme/project was not a CSIR appointment temporary or otherwise and did not entitle the incumbents to any claim, implicit or explicit, on a regular CSIR post, even then they were preferring their claim for absorption against regular vacancies of the concerned Lab./Instt. This was not in order under the instructions issued from time to time.

      In order to restrict the engagement of staff for a sponsored project/scheme on behalf of the sponsor, a format for the offer of appointment has been devised in consultation with the Legal Adviser of CSIR and a copy of the same is enclosed for your information, guidance and necessary action.

      It is requested that the offer of appointment of a person in a sponsored Pr6ject/Scheme should invariably be now made in the enclosed format so that the person concerned should not later on prefer a claim for absorption against a regular post of the Lab./Instt. The prescribed procedure as applicable for regular post/staff should be followed both for creating posts and recruiting staff for a sponsored Project/Scheme as envisaged in CSIR Circular No. 16(150)/68-E.II (Pt.II) dated 13.1.1981.

      (CSIR Letter No: 5(8)/90-E.II(U-2), dated: 11th May, 1992.)

      Name Of The Laboratory

      Dated

      To

                  _________________________________________

                  _________________________________________

      (Name & Address of the candidate Selected for engagement)

      Sub:- Offer. for engagement in a sponsored Project/Scheme.

      Sir,

      With reference to your request dated __________________________you are hereby intimated that the Director, (Laboratory)________________________________________, on behalf of the sponsor of the Project/Scheme, namely, (Name of the Project)___________________________________________

      Has been pleased to offer you on contract basis to work as___________________________________ on consolidated amount of Rs.________________ p.m. on the following terms and conditions:-

      1)    Your engagement is for the Project, namely, _______________________________ funded by (Name of the Sponsor)______________________________________ and as such offer is being made to you on behalf of the sponsor, namely,__________________.

      2).      It is not an offer of appointment in CSIR temporary or otherwise.  It is a contractual engagement for the Project/Scheme funded by the above sponsor. It would, therefore, not confer any right/claim implicit or explicit for your consideration against any CSIR post.

      3)       Your engagement on contract is for a specific period of which may be extended o curtailed depending upon the status of the sponsored project/scheme. In any event, your engagement shall be co-terminus with the duration of the above mentioned sponsored Project/Scheme only.

      4)    The contract of engagement may be terminated by giving one month's notice in writing by either side.

      5)    No traveling allowance will be paid to you for reporting for duty

      6)    Your engagement on contract will be subject to the production of the following documents at your expense at the time of your reporting for duty:-

      a)    Medical Certificate of health and physical fitness for service issued by the competent medical authority in the prescribed format, if not already so medically examined.  In the latter case, a certified copy of the relevant medical certificate should be furnished.

      b)    Documentary evidence in support of your date of birth and qualifications.

      7)    Any service matter not specifically stated herein shall be determined by the Director (Name of the

      Laboratory),__________________________________________ whose decision shall be final and binding on both the parties to the contract.

      If you are willing to accept the engagement on these terms and conditions, you may please communicate your acceptance within a week from the date of receipt of this letter while intimating probable date of your reporting for duty.

      (10.2.5) I would like to draw your attention to the instructions issued by CSIR from time to time vide CSIR Circular letters No. 16(150)/38,-E.II dated 13.1.1981; 4(181)/Bud/83 dated 11.2.1983;-E-II; 17(133/1)/83-E.II dated 19.4.84; 3(58)/87-E.II dated 30-3-90 and. 5(8)/90-E.II dated 29.11.90 and 11.5.92 not to engage any daily wage/casual/contract worker and that whenever it becomes absolutely essential to engage any staff for timely execution of externally funded projects in which there may also be a provision for manpower, it should also be done only with the prior approval of the DG, CSIR.

      However, it has been observed that the above CSIR directions have not been strictly observed by some of the Labs./Instts. who have continued to engage such persons in one or the other manner thereby creating all kinds of unnecessary problems including litigations.

      In a recent judgment of CAT which was upheld by the Hon'ble Supreme Court, it was held that CSIR Absorption Scheme 1990 be amended to include the casual workers engaged in externally funded scheme for consideration of regularisation and absorption in the available vacancies.

      Keeping all the above in view, I have, therefore, decided to appoint a Committee to look into the whole matter and make necessary recommendation for engagement of staff for externally funded projects in future.  Appropriate guidelines on the basis of the recommendations of the Committee will be issued by the CSIR in due course.

      In the meantime I request you kindly to manage the work of the externally funded projects by the regular staff and not to engage any fresh manpower for these projects and the engagement of existing staff already engaged under such projects should be strictly co-terminus with the duration of the projects and should not be reengaged on any other projects thereafter.  However, if in any case, there exists a provision for engagement of the manpower and it is considered absolutely essential to engage any staff against the manpower already existing in the project, it should be done only after obtaining my prior approval.

      (CSIR Letter No: 5(8)/90-E.II, dated: 2nd June, 1995.)

      (10. 2.6) Kindly refer to D.O. letter of even number dated 2.6.95 from Dr. Joshi advising you to temporarily suspend the engagement of staff under the externally funded projects.

      I feel that with the total embargo on engagement of any staff under the projects, the Labs./Instts. will be put in a very difficult situation as they may not be able to execute the projects within the time frame fixed by the sponsors.  I have, therefore, decided to relax the ban and allow the Labs./Instts. to appoint the Project Assistants wherever considered necessary for timely execution of the sponsored projects.  However, it should be made specifically clear in the letter of appointment to be issued to the persons concerned that their appointment is on purely temporary basis being co- terminus with the duration of the project. For this purpose, the offer to the persons concerned should invariably be made in the format of the offer of appointment enclosed herewith.

      The engagement of the other category of staff, as far as possible, should not be made.

      (CSIR Letter No: 5(8)/90-E.II, dated: 7th July, 1995)

      Name Of The Laboratory

      To

                  ______________________________

                  ______________________________

      (Name & Address of the candidate Selected for engagement)

      Sub:      Offer for Engagement as a Project Assistant under the Sponsored Project/Scheme. 

      Sir,

      With reference to your request dated _____________ you are hereby intimated that the Director, - _______________has been pleased to offer you on contract basis to work on a purely temporary basis as a Project Assistant on consolidated amount of Rs.________ p.m.. on the following terms and conditions:-

      1.         Your engagement is for the externally funded project entitled _______sponsored by__________;

      2.         It is not an offer of appointment in CSIR temporary or otherwise.  It is a contractual engagement on purely temporary basis for the Project/Scheme funded by the above sponsor.  It would, therefore, not confer any right/claim implicit or explicit for your consideration for regularisation/absorption against any CSIR post;

      3.         Your engagement on contract is for a specific period of which may be extended or curtailed depending upon the status of the sponsored Project/Scheme on the same terms and conditions.

      4.         In any case your engagement in the above sponsored Project/Scheme shall be co-terminus with the project/scheme.

      5.     The contract of engagement is terminable by giving one month's notice in writing by either side.

      6.     No traveling allowance will be paid to you for reporting for duty;

      7. Your engagement on contract will be subject to the production of the following documents at your expense at the time of Your reporting for duty:-

      a)      Medical Certificate of Health and physical fitness for service issued by the competent medical authority in the prescribed format; and

      b)    Documentary evidence in support of your date of birth and qualifications; and

      8.         Any service matter not specifically stated herein shall be determined by the Director,___________________, whose decision shall be final and binding on both the parties to the contract.

      If  you are willing to accept the engagement on these terms and conditions you may please communicate  your acceptance within a week from date of receipt of this letter within intimating probable date of your reporting for duty.

      (10.3) Service Benefit to work charges staff

      (10.3.1) Sub: Extension of the service benefits to the temporary work-charged staff employed in the various Laboratories of the Council.

      Council of Scientific and Industrial Research, had for some time past, under consideration the question of extension of service benefits to the different categories of temporary work-charged staff employed in the various National Laboratories/Institutes of the CSIR.  With the concurrence of F.A. to CSIR, Director General, has now been pleased to accord approval to the extension of the following service benefits to the temporary work-charged staff with immediate affect:

      Leave:

      1. Earned leave on full pay: Nil during the first year of service.  Thereafter, 1/30 of duty period subject to the maximum accumulation of 30 days.
      2. Sick leave on full pay: On medical certificate upto a maximum of 10 days in calender year. Explanation:- It should be non-cumulative and the un-utilised balance of such leave should not be carried forward to the next calender year.
      3. Leave on half pay on medical certificate: 10 days for each completed year of service subject to the condition that the leave that may be granted does not exceed 30 days at a time and 150 days during the entire service.
      4. Segregation leave:- For staff with at least 90 days service, 2 weeks on half pay in any year.
      5. Maternity Leave: As admissible to the female non - industrial Government servants under supplementary Rule 267.vi)     Extra - ordinary Leave: Extra-ordinary leave may be granted as under rule 14 of the Revised leave rules 1953 as amended from time to time.
      6. Explanation:  For this purpose, all employees would be treated as temporary employees.
      7. Casual Leave: Casual Leave on full pay upto 7 days in a calender year, instead of twelve days casual leave admissible heretofore.

      Explanation No. 1 Sunday and holiday s falling in between the period of casual leave will not be taken into account for calculating the period of casual leave availed of.

      Explanation No.2 The leave on half pay sick leave and extra -ordinary leave may be combined with any other leave except casual leave.  In respect of individuals joining the establishment in the middle of a calender year, a proportionate amount of sick leave, shall be allowed.  During sick leave on full pay, an employee will be paid as if he were on duty.

      Explanation No.3 During leave on half pay, an employee will be paid leave salary at half the rate of pay drawn immediately before proceeding on leave.

      1. Holiday: 16 closed holidays in a calender year.
      2. Terminal Benefits: In the case of retrenched employees, compensation under the Industrial Disputes Act or Terminal gratuity whichever is higher in accordance with the provisions contained in the Ministry of Finance Letter No. 17(1)E/60 dated 11.7.60 as amended from time to time.
      3.  Contributory Provident Fund: All personnel with one year service may be admitted to the CSIR CPF.  They will be Governed by CPF rules of the CSIR as amended from time to time.
      4. Refixation of pay on re-appointment of Retrenched workers: The pay to be allowed in case of reappointment after retrenchment to the same post carrying an identical scale of pay, shall be regulated in accordance with the relevant provisions of F.R. 22 which should be deemed to apply for this purpose.
      5. Medical facilities: The concessions under the Central Services (Medical Attendance) Rules, 1944 and orders issued thereafter or under the contributory health service scheme of the Government of India, will apply.

                  These benefits will be, made applicable to the following categories of work-charged. staff at present employed in the various National laboratories/Institute or for staff quarters work. 

      1. Electrician.
      2. Junior Electrician.
      3. Assistant Electrician.
      4. Electrician cum wireman
      5. Plumber
      6. Assistant Plumber
      7. Mate
      8. Mistry
      9. Carpente
      10. Fitter
      11. Mason
      12. Work-attendant
      13. Watchman
      14. Khalasi
      15. ChoWkidar    
      16. Helper
      17. Sweeper

       (CSIR Letter No 9(4)/64-PEN, dated 2nd April, 65.)

      (10.3.2) Sub: Absorption of work charged Establishment Staff in the Regular Establishment

      Representations have been received in this office from the work charged establishment staff working in various Laboratories/Institutes of the CSIR for their absorption in the regular establishments.  The matter has been considered in this office and it has been decided that all those who have put in more than 3 years continuous service and who were appointed through duly constituted Selection Committees by following the prescribed procedure, may be brought over to the regular establishment of the Laboratories/Institutes in the same posts which they are now holding.

                It is, therefore, requested that necessary action in the matter may be taken accordingly. (CSIR Letter No 9/4/76-Engg.  VII, dated 2nd Aug, 1977.)

      (10.3.3) Sub: Absorption of work charged Establishment staff in the regular establishment.

      It has been brought to the notice of CSIR that instructions contained in this office circular letter No.9/4/76Engg.  VII dated 2nd August 1977 have not been implemented by some of the Labs./Instts. It is, therefore, requested that necessary action may kindly be taken in the light of the afore mentioned circular, if not already done.

      (CSIR Letter No 1(20)85-86-E.II (U-2), dated 8th June, 1989).

      (10.3.4) Sub: Extension of service benefits to the work-charged staff brought on regular establishment of the Laboratory/Institute/CSIR-Approval thereof.

      For some time past the question of extending various service benefits to these members of work-charged staff who have been brought on the regular establishment of the Laboratory/Institute has been under consideration of the CSIR.  The DGSIR in concurrence with Member (Finance), CSIR has accordingly been pleased to extend the    following additional service benefits to the above category of staff with immediate effect:-

      1. Protection of pay:- The pay of the work-charged staff brought on regular establishment of the Laboratory/Institute will be regulated under normal rules.  In other words, the existing pay and pay scales of the incumbents in work-charged capacity will be duly protected on transfer to the regular establishment.
      2.  Carry forward of leave:- Such staff who have rendered 3 years or more of continuous service in work-charged capacity will be permitted to carry forward the Earned Leave to their credit on the date of transfer to the regular establishment.
      3.  Pensionary benefits:- The work-charged staff who have already been brought on the regular establishment, will be entitled to count the service rendered by them on work-charged establishment for purpose of pension if such service is followed by confirmation on any post in the CSIR.  In that event, the employer's share of CPF, if any, will be resumed to CSIR and the employee's share will go to the GPF Account of the individual.

      The existing work-charged staff who have already been brought on regular establishment of the Laboratory/Institute will only be entitled to the above benefits.  As regards other staff of similar category who may be brought on regular establishment in future, the matter will be placed before the Governing Body of the CSIR for taking a policy decision which will be communicated to all concerned as and when, such a decision is taken.

      (CSIR Letter No 9/57/78-Engg., dated 18-03-1981).

      (10.3.5) Sub: Extension of benefit of service rendered in work charged posts for assessment promotion under the New Assessment Promotion Scheme.

      Reference CSIR letter No.17(65) 82.E.II.PPS.Vol.II dated 2nd Dec., 1982 on the above subject.  The question of counting the period of service rendered in work-charged posts for purposes of assessment promotion under the new Assessment Promotion Scheme has been examined in the CSIR.  The work-charged staff who have already been brought to the regular -establishment, have been allowed to count the service rendered by them on work-charged establishment for the purposes of pensionary benefits, if such service is followed by confirmation on any post in the CSIR.  In this connection, attention is invited to CSIR letter No.9(57) 78-Engg. dated 18th March, 1981.

      After careful consideration it has been decided in consultation with F.A. to CSIR that the service rendered in work-charged establishment followed by transfer to regular establishment and allowed to count for pensionary benefits in terms of CSIR letter dated 18-3-81 will also count for computing the number of years of service required for assessment promotion to the next, higher Grades under the New Assessment Promotion Scheme, Subject to the following conditions:-

      1. that the service rendered in work-charged and regular posts is in the same grade and scale of pay,
      2. the effective date of assessment promotion in such cases will not be earlier than the date of appointment of the individual to the regular establishment, irrespective of the length of service on work-charged posts and
      3. the incumbent should possess the qualifications and experience, prescribed for the post and should have been recruited in the work-charged post in accordance with the prescribed procedure.

      (CSIR letter No 17(65)/83.PPS, dated 30th April, 1984.)

      (10.3.6) With the implementation of 4th Pay Commission Report by CSIR, some Labs./Instts. have inquired whether the Revised Pay scales adopted by CSIR are applicable to the work-charged staff engaged in the Lab./Instt. The matter has been considered in consultation with the Finance Wing of CSIR and it has been decided that:

      1. Where any work-charged staff has been engaged on an approved CSIR pay scale with the usual DA/IR etc. admissible, they may be placed in the revised scale of pay after identifying the corresponding new scale as notified by CSIR on the subject, after getting an appropriate option from them.
      2. Where there is any deviation, either by way of any peculiar pay scale or by way of non-admissibility of normal allowances lie DA/IR under the terms of appointment  a reference may be made to this office for examination.

      (CSIR Letter No 2(178)/CDN-86(E.II), dated 16th April, 1987.)

      (10.3.7) Sub: Absorption of Work-charged staff and extension of service benefits to work charged staff brought on regular establishment.

      The matter regarding absorption of work-charged staff in the CSIR and its National Labs./Instts. and the extension of service benefits to work charged staff brought on regular establishment after 18.3.81 has been under consideration of the CSIR.

      The Governing Body of the CSIR at its meeting held on 26th April, 1990 approved that the work charged staff may be considered for absorption on regular basis as follows:-

      1. The work charged employees who were recruited in accordance with the prescribed procedure as laid down for recruitment of regular employees in the same grade and fulfill  the general conditions, of age, qualifications, experience, etc. without dilution and have completed 5 years service as on 1.7.89 and are not holding any regular post in CSIR may be considered for absorption on regular basis against the available vacancies and wherever necessary by creating additional posts.
      2. Similarly, the work charged employees fulfilling the conditions as (a) above who have completed less than 5 years of service but more than 3 years of service as on 1.7.89 may also be considered for regular absorption by examining proposals for creating of additional posts on need basis.

      The Governing body has further approved that all the work charged employees will get the same service benefits on regularisation after 18.3.81 as are envisaged in CSIR letter No: 17(65)/83-PPS dated 30th April 1984 and letter No.9(57) 78- Engg. dated 18.3.1981.

      As already indicated in this office letter No.3(58)87- E-III/V dated 30-3-1990, no work charged staff should be engaged in future without the prior approval of the DGSIR.

      (CSIR Letter No 9(57)/78-Engg, date 29th October, 90.)

      (I0.3.8) Sub: Regularisation of work-charged employees.

      Reference this office letter No. 9(57)/78-Engg. dated the 29th October, 1990.The question of granting relaxation of conditions as contained in the letter referred to above, for regularisation of the work-charged employees in CSIR had been considered by the Governing Body in its 133rd meeting held on 12th January, 1994.  While the Governing Body did not approve the proposal for, considering regularisation of the work-charged employees in relaxation of the aforesaid conditions, it has approved that such work-charged employees as have acquired requisite qualifications after their appointment, upto 12.1.1994 may be considered for absorption.

      (CSIR Letter No 2(4)/77(E.III)R&A, dated 04th July, 1994