No. F. 49019/1/95-Estt-(C)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi-110 001
Dated: 19th July, 2016
Subject: One day paid weekly off for casual workers-implementation of the Order of Hon’ble CAT, Ahmedabad bench in the OA No. 214 of 2003 filed by Smt. Bhikaben Pratapbhai Prajapati
The undersigned is directed to refer to the provisions of the of Department of Personnel and Training OM No.49014/2/86-Estt (C)dated 7th June, 1988 on recruitment of Casual Workers and daily wagers. As per para 1 (vi) of the above referred 0.M, the Casual workers may be given one paid weekly off after six days of continuous work.
2. The issue of paid weekly day off for casual workers employed in offices observing five day week has been examined in the light of dismissal of the SLP by the Hon’ble Supreme Court in the Bhikaben Pratapbhai Prajapati case .The issue of paid weekly off had come up for consideration in the OA No. 214 of 2003 filed by Smt Bhikaben Pratapbhai Prajapati in the Ahmedabad bench of Hon’ble CAT. The Tribunal observed:
23. What is important is that when offices work for a five days week and not for six days week, it is not at the behest of the causal workers where they can be treated differently. In our considered opinion, those workers should not be iscriminated.
3. The Hon’ble CAT had directed that the respondents should draw a Scheme keeping the scales even pertaining to those who are working in an office having five days week preferably within four months, taking stock of the totality of the facts and also considering that those who are working in six days week are being given one weekly off.
4. At present, the weekly paid off day is allowed to casual workers employed in the offices observing six day week only. The issue has been reconsidered in consultation with Department of Expenditure in the light of the Court orders. It has been decided that casual workers working in offices having a five day week may be allowed one day paid weekly off provided they have worked for a minimum of 40 hours during the said week. The relevant provisions of the Department of Personnel and Training OM No.49014/2/86-Estt (C) 7th June, 1988 are amended to this extent.