UNION OF INDIA Vs. NANDA KUMAR

JUDGEMENT

(1.) These appeals raise common questions for consideration. They are, therefore, disposed of by a common order.

(2.) The respondents are licensed porters at Railway Station, Muri on south-Eastern Railway. They were discharging the work of loading and unloading of parcels from trains at the parcel office at Railway Station, muri. For that work, they were being paid at the rate of Rs. 15. 00 for 8 hours. The respondents in Civil Nos. 9378-79 of 1995 filed applications (OAs Nos. 1024 and 1209 of 1989 and OA No. 425 of 1990 before the central Administrative tribunal, Calcutta bench (hereinafter referred to as "the tribunal") seeking regularisation as railway employees. The said applications were contested by the Railway Administration. By judgment dated 18/2/1994, in OAs Nos. 1024 and 1209 of 1989, the tribunal has held that the said respondents were being utilised on the strength of an agreement as per the terms of the licences issued to them as porters and that any service rendered by them during continuance of such agreement, could not give them right or status of independent casual labourers serving in the Railway administration and that they could not be treated on a par with independent casual labourers engaged by the Railway Administration. The tribunal, therefore, held that they could not claim absorption by regularisation in the railway service. The tribunal, however, held that the applicants in these applications have rendered service for long years and it would amount to injustice if the monetary benefits which are admissible to other casual employees are denied to them. The tribunal has directed that they should be paid remuneration/wages at the rate of the scale which is admissible to a casual labourer having temporary status.

(3.) The said judgment was followed by the tribunal in its judgment dated 10/6/1994 in OA No. 425 of 1990 filed by the respondents in Civil no. 9380 of 1995.