High Court dismissed the plea of various persons seeking re-engagement in Doordarshan Kendra (DDK) Srinagar on causal basis citing that the employer has candidly taken a stand that there is no requirement of any casual worker.
Almost 26 six persons had approached the court challenging the CAT judgment whereby their plea has been dismissed on this issue. They have averred that along with others they were engaged by the respondent-Doordarshan Kendra, Srinagar in early 1990s initially and subsequently as casual workers vide orders dated 05.09.2001 and 12.09.2001.
They were disengaged in 2004 and thereafter they submitted representation for re-considering their disengagement, but no action was taken by the respondent-DDK resulting in litigation by filing various pleas by them.
The Division Bench of Justice Rajnesh Oswal and Justice Mohammad Yousuf Wani while refusing to grant any relief to the aggrieved persons said, the requirement of work force can be assessed by the employer only and once the respondents-DDK do not have any requirement of casual workers, this court cannot force them to engage the petitioners as casual workers, thereby causing un-necessary financial burden upon the respondents, particularly when the respondents have pleaded the poor financial health of Doordarshan Kendra, Srinagar.
The DDK candidly in their stand submitted that at present there is no requirement of any casual worker as the department is running with poor financial health in view of shortage of funds on account of fall in revenue due to introduction of numerous private TV channels, the DDK has reduced the bookings and in some cases, have done away with engagement of casual assignees, which also has resulted in numerous court cases. “Once the respondent-DDK have been able to demonstrate before this court that no necessity has arisen for engaging any other casual worker, as such this court is of the considered view that no direction can be issued to the respondents to engage the petitioners as casual workers.
The DDK has by narrating the factual aspects stated that the Government of India has taken a policy decision to outsource all kinds of casual assignments through GeM (Government e-Marketplace) and all the departments are required to hire the required manpower from the said market. However, in the instant case, the respondents are bound in law to abide by the directions of the court and undertake to abide by the same in letter and spirit. It was also stated that the case of the petitioners for engagement shall be considered as and when need arises at Doordarshan Kendra, Srinagar, subject to their fulfilling all the requirements as may be prescribed.
The court has further noted that the aggrieved petitioners have been disengaged for the last more than two decades and no right is vested to them for their engagement as casual. “We have also examined the judgment passed by the learned Tribunal and we do not find any reason to show indulgence. Accordingly, the present petition is dismissed being bereft of any merit”, the DB concluded.
The Doordarshan Kendra, Srinagar also stated that it is not engaging any casual labours in view of the policy decision of the Prasar Bharti Board and in terms of the said policy decision, works are outsourced to private agencies.
“…for programme related activities, the respondents are engaging casual assignees on assignment booking basis, as and when required, subject to their possession of requisite qualification and experience”, reads the stand of DDK. Excelsior
