Sri.M.P. Lipin Raj vs R.Lawrence

A.K. Jayasankaran Nambiar, J.

When the matter was taken up today, although there is no appearance on behalf of the respondent, a statement has been filed by the Deputy Solicitor General of India on behalf of the petitioner, wherein, it is averred as follows in paragraphs 3 and 4 of the statement:

“3. The learned Tribunal by Ext.P4 order has directed the respondents in the OA to re-fix the pensionary benefits of the applicant in the OA (respondent herein) taking into account 50% of the casual labour service prior to grant of temporary status, after due verification of the documents. Though the department repeatedly requested the applicant in the OA to produce the original casual labour card in support of his claim, he did not submit the same. Thereafter, as directed by the learned Tribunal, the competent authority passed Ext.P10 speaking order explaining the inability of the department to proceed further, in the absence of original casual labour card.

After the filing of the above OP (CAT), the department examined the matter again and considering the peculiar facts and circumstances of the case, it has been decided to take the merged seniority list as the basic document for counting 50% of the casual labour service prior to grant of temporary status. As per the merged seniority list, the applicant in the OA (respondent herein) has 1324 days of service as casual labour prior to grant of temporary status.”

Taking note of the said statement, and finding that the petitioner is not insisting on the respondent producing the original of the casual labour card for the purposes of considering his claim for reckoning casual labour service prior to grant of temporary status, we close the O.P.(CAT). We make it clear that it will be open to the petitioner to place a copy of the statement filed before this Court, before the Administrative Tribunal in the event of any contempt action being taken against them by the respondent.

The O.P.(CAT) is closed.