UNION OF INDIA Vs. SUBIR MUKHARJI

JUDGEMENT

(1.) This appeal by Special Leave is filed by the appellants challenging the correctness of the judgment and order dated 13-3-1997 passed in O. A. No. 1045 of 1995 by the Central Administrative Tribunal (for short 'CAT') Calcutta.

(2.) The respondents who are 20 in number filed O.A. No. 1045 of 1995 before the Central Administrative Tribunal, Calcutta alleging inter alia that they have been working as labourers since 1988 till date continuously and uninterruptedly in the printing press of the Eastern Railway at Calcutta. They were engaged as labourers through a contractor viz., M/s. Bandel Handling Porters Cooperative Society Ltd. Several labourers were also engaged by different organisations/labour contractors for doing the work on several development projects undertaken by the Eastern Railway on contract basis. The contracts were entered into between the said co-operative societies and the authorities of the Eastern Railway. The respondents have been performing their duties and the functions to the satisfaction of the appellants and no complaint of whatsoever nature was made against their work. They were initially paid daily wages @ Rs. 14/- per day which came to be enhanced to Rs. 31/- per day. It is then alleged that since they have been working for all these years uninterruptedly and continuously, they are entitled to be absorbed and regularised in Group D category in terms of the Rules and Regulations framed by the Railway Authorities. Respondents further averred that by reason of continuous and uninterrupted service for all these years, they have acquired the temporary status and they are entitled to be absorbed in Group D in the pay scale attached thereto. It is then alleged that the Contract Labour (Regulation and Abolition) Act and Rules were enacted in the year 1971 for the purpose of ameliorating the grievances of the contract labourers who have been engaged by the contractors. In the instant case though these respondents discharge their duties and functions under the principal employer through the agency of the said society but the principal employer, namely, the Eastern Railway is now denying the legitimate right to them for being absorbed and regularized in the Railway services. The respondents have annexed with their O.A. various documents to indicate their service record. They have also referred to various correspondence ensued between the Railway Authority and the said society. The respondents, therefore, prayed that suitable directions be issued to the appellants to absorb and regularize the services of these respondents in Group D in the pay-scale attached thereto and the appellants be restrained from terminating the services of any of these respondents.

(3.) The appellant Nos. 1 to 5 have filed their reply denying the claim made by the respondents. According to them they were employees of the society and they are not in any way liable either to absorb and/or regularize them in Group D. They are also not entitled to claim the pay-scale of Group D employees. The CAT on appraisal of evidence on record by its order dated 13-3-1997 upheld the claims set up by the respondents and issued the following directions:-