Casual Labour: RBE No.15/1989 – Temporary Status
No.E(NG)II-88/CL/13, dated 12.01.1989
Sub: Casual Labour with temporary status absence from duty for periods exceeding that specified in Rule 732, R-I (1971 Edition).
1. Attention of the Railway Administrations is invited to para 4 of this Ministry’s letter No.E(P&A)I-84/CPC/LE-3, dated 23.03.1985 (RBE No.88/1985) wherein it was clarified that the amended Rule 732 R-I (1971 Edition) will not apply to casual labour with temporary status in respect of whom the existing rules and orders would continue to remain in force.
2. A question has been raised as to the procedure to be followed in respect of a casual labourer with temporary status, who fails to resume duty on expiry of maximum period of extraordinary leave granted to him, or where he is granted a lesser period of leave than the maximum and remains absent from duty for a period which together with the period of extraordinary leave granted, exceeds the limit up to which he could have been granted such leave under sub-rule 1 of Rule 731 R-I (1971 edition).
3. The matter has been carefully considered by the Ministry of Railways, Casual labour with temporary status are entitled to certain benefits of service as spelt out in the relevant provisions of the Indian Railway Establishment Manual and the Orders issued in this regard from time to time. However, as made amply clear in the provisions in the said Manual, casual labour with temporary status do not become part of the regular establishment till such time as they are absorbed in regular employment after screening and after complying with the procedure laid down in this regard for appointment as regular employees. No posts are also created for grant of the benefits attendant on temporary status.
3.2 At the same time where the provisions of the Note below Rule 732 R-I are attracted and action is taken pursuant thereto, it could be construed as a case of termination of service of a casual labourer with temporary status.
4. Keeping these considerations in view, the Ministry of Railways have decided that the following procedure should be followed in dealing with cases of Casual labour with temporary status in circumstances in which the provisions of Note below Rule 732 R-I are attracted.
In the case of casual labour with temporary status who fails to resume duty on expiry of maximum period of extraordinary leave granted to him or where he is granted a lesser period of leave than the maximum and remains absent from duty for a period which together with the period of extraordinary leave granted, exceeds the limit up to which he could have been granted such leave under sub-rule (1) of Rule 732 R-I (1971 Edition), the appropriate course of action will be to terminate his services after following the procedure for termination in accordance with Note below para 2505 of IREM relating to period of notice of termination read with Rule 149 R-I (1971 Edition) and also complying with the provisions of the ID Act, 1947 where the said Act is applicable treating the same as a case of retrenchment from service, for reasons other than availability of work and instructions given to concerned authorities under ID Act.
Download Railway Board Circular RBE No.15/1989
Forward reference ⇒ RBE No.