UNION OF INDIA Vs. MUNSHI RAM

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned common judgment and order dtd. 21/11/2019 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 4535/2019 and other allied writ petitions, by which the High Court has allowed the said writ petitions preferred by the respective private respondents herein and has set aside the orders passed by the Central Administrative Tribunal and thereafter directed the appellants - Northern Railway to count 50% of their service as Commission Vendors, prior to their absorption, as "qualifying service" for grant of pensionary benefits, the Union of India (Northern Railway) and others have preferred the present appeals.

(2.) Catering service in Northern Railways prior to 1955 were being managed through private contractors. Subsequently, the departmental catering and vending services were started and the erstwhile staff of the private contractors was taken as Commission Vendors. All Commission Vendors were paid commission on sales turn over achieved by them instead of paying regular salaries. Thereafter, a memorandum dtd. 13/12/1976 was issued by the Railway Board suggesting that the Commission Vendors may be absorbed as Railway Employees. It was stated therein that action would be taken to progressively absorb the Commission Vendors/Bearers in regular vacancies.

(3.) Ms. Madhavi Divan, learned Additional Solicitor General has appeared on behalf of the appellants - Northern Railway and Shri Sanjay Parikh, learned Senior Advocate has appeared on behalf of the original applicants - private respondents herein.