S K CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application for leave to appeal under Art. 136 of the Constitution, directed against the judgment and order of the Central Administrative Tribunal, Calcutta Bench (Justice Ashamukul Pal and Mr. B. Mukhopadhyay) dated 8th Dec.,1986. The Tribunal had dismissed the challenge made by the petitioners herein to the memorandum of 1979 declaring that the posts in Production Control Organisation (for short PCO) in Kharagpur would be treated as ex cadre.

(2.) There are 75 applicants in this case. At the relevant time they all were employees of the PCO at Kharagpur Railway Workshop of South Eastern Railway. The petitioners contend that these posts could not be declared as ex cadre posts because vested rights of the petitioners could not be affected. Secondly, it was contended that they were treated differently from those of the Integral Coach Factory on the Southern Railway and the employees of PCO there continued to hold the cadre posts. This is hostile discrimination and amounts to violation of the rights of the petitioners. The Tribunal by its impugned order rejected both the contentions.

(3.) The PCO was in existence from the time of the B.N. Railway. The staff of the PCO were either directly recruited or drafted from different shops of the workshop. In 1958 the PCO was considerably expanded. After considering the question the Railway Board brought out a circular dated 22-4-1963 laying down the rules for determination of seniority of workshop staff employed in the PCO. It was laid down in the Circular that all posts in the PCO should be treated as ex cadre posts. This is Annexure 'B' to the writ application which was ultimately disposed of by the Tribunal. The Circular, however, could not be implemented in the Kharagpur workshop on account of the stiff opposition of organised labour. In the premises the local authorities could not implement the Circular of 1963. The question was discussed with the organised labour in a meeting held on 4th June, 1973 and in pursuance of the decision taken in that meeting the memorandum dated 21st July, 1973 which is also Annexure 'B' was issued by the Suprintendent. It was evidently stated that all posts in PCO would be cadre posts.