LAWS(DLH)-1981-2-38

MALKHAN SINGH Vs. UNION OF INDIA

Decided On February 13, 1981
MALKHAN SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) These are four petitions by four different persons seeking similar relief in almost identical circumstances.

(2.) Each of the petitioners was employed by the Railways as a 'substitute'. Three of '(hem were taken on as safaiwales (cleaners) and one as a khalasi. They came to be so employed on different dates in the years 1971, 1972 and 1973. The exact dates are not material. All of them continued to work as 'substitutes' for many years until, by notices dated 8th September 1978, their services were suddenly terminated. The notices were verbatim the same, except for the name of the employee to whom they were addressed. They read as follows :

(3.) The power to terminate the service of a temporary railway servant by giving notice is contained in clause (1) of Rule 149 of the Indian 'Railway Establishment Code (Volume I, 1971 edn.). One month's notice is required if 'he was engaged on a contract for a definite period and the contract does not provide for any other period of notice'. In other cases, 14 days' notice is enough. Clauses (2) to (5) are not relevant. But, clause (6) of the Rule adds the following important rider: