RBE No.339/1985 Casual labour – Grant of Regular Scale of Pay to Skilled Casual Labour

No.E(NG)II/84/CL/58, dated 20.12.1985

Sub: Casual labour – Scale of pay applicable to skilled casual labour.

1.     Attention is invited to the provisions in para 2511 of IREM, which lay down inter alia that on attaining temporary status, casual labour on the open line will be entitled to payment in regular scales of pay. Casual labour engaged on projects (also known as project casual labour) are also entitled to temporary status in accordance with the orders applicable to them. Such labour are given consolidated wages at the minimum of the scale of pay when they complete 180 days of continuous employment.

2.     A question has now been raised by some of the Railway Administrations whether the scale of pay as applicable to the skilled artisans can be given to casual labour employed in skilled categories when they attain temporary status. The Department of Railways have considered the matter. They have now decided that where casual labour are engaged in skilled categories, the relevant scale for purpose of determining their wages in terms of the extant instructions as cited above will be that applicable to skilled artisans viz. Rs.260-400 (RS).

Thus, on attaining temporary status (in terms of extant orders), they should be paid in the scale of Rs.260-400 (RS). Similarly in the case of project casual labour engaged in skilled categories who have completed 180 days of continuous service, consolidated wages (for purpose of the instructions contained in this Department’s letter No.E(NG)II/82/LG-5/4, dated 06.06.1983) would mean the minimum of the scale of Rs.260-400 (RS) plus DA thereon.

Payment in or with reference to this scale will, however, be admissible in individual cases only from the date an individual casual labour employed in a skilled category has passed the prescribed trade test if the same happens to be later than the date of attaining temporary status or date of completion of 180 days of continuous employment, as the case may be.

3.     The Department of Railways wish to take this opportunity to advise the Railway Administrations that they should observe the instructions contained in this Department’s letter No.E(NG)II/71/CL/83, dated 11.01.1973 (Copy enclosed for ready reference) in the matter of engagement of casual labour in the skilled grades.

They have also decided that, in future, for engagement of a person as a casual labour in the skilled grades personal approval of an authority not lower in rank than a Divisional Engineer should invariably be obtained.

They further desire that the number of persons engaged in this manner (in skilled categories) should be kept to the absolute minimum. They would like Officers of the level of Divisional Engineers in the open line as also projects to keep particular watch on this matter.

4.     Past cases decided otherwise or in terms of final orders of a court of competent jurisdiction, shall not be reopened.

Where, however, a person is continuing as a casual labour in a skilled category on the date of issue of these orders, this case will be regulated prospectively in terms of the provisions herein contained.

5.     This issue with concurrence of the Finance Directorate of the Department of Railways.

Copy of letter No.E(NG)II/71/CL/83, dated 11.01.1973

addressed to General Managers, all Indian Railways including production units.

Sub: Employment of casual labourers on Railways.

1. On the recommendations made by the Departmental Council under the JCM, to Board have decided as under:

(i) Period of 15 days’ authorised absence permitted under para 2504 of the Indian Railway Establishment Manual, during a spell of six months continuous employment, may include an absence upto three days at a time on account of personal reasons, i.e. such three days period should not constitute a break for attaining temporary status even though the absence is not authorised.

(ii) Note 5 below para 2501(b) (iii) of the IREM already provides that the term ‘same type of work’ should not be rigidly implemented so as to cause undue suffering to casual labourers because of a slight change in the type of work in the same unit. It is again emphasised that the term ‘same type of work’ could be implemented in spirit as well as in letter and no casual labourers should suffer in this matter by rigid interpretation of the term.

(iii) Appointment of casual labourers in the semi-skilled and skilled grades without a trade test, should not normally be made. In order to ensure that only trade tested persons are employed as casual labourers on skilled and semi-skilled grades, a panel should always be maintained by the open line to cater to the needs of employment of casual labourers in semiskilled and skilled grades.

In cases, where no panel of suitable candidates is available, casual labourer may be appointed in skilled and semi skilled grades whithout a trade test but it should be ensured that their suitability is adjudged well in time before they attain temporary status.

2.     Receipt of this letter may please be acknowledged.