DEVARI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) . Common question of law is involved in all these petitions. That is the reason all these petitions were taken up for hearing together and we propose to dispose of the same by this common judgment.

(2.) . Some of the writ petitions are filed by Union of India against the judgment of the Central Administrative Tribunal as in these cases, the relief was granted by the learned Tribunal to the concerned workmen (for the sake of convenience, hereinafter referred to as the 'casual labourers'). The direction given in all these cases is that these casual labourers should be brought on the Live Casual Labour Register ('LCLR' for short). Some other writ petitions are filed by the casual labourers. In those cases the learned Tribunal refused the relief prayed for by these casual labourers for bringing them on the LCLR.

(3.) . It may be mentioned at this stage that most of these casual labourers had worked intermittently in early 80s. They had filed Original Applications in late 90s or even thereafter for re-engaging them and placing their names on the LCLR. Union of India (hereinafter referred to as the 'department") had contested the Original Applications on the ground that the casual labourers had approached the learned Tribunal much belatedly, i.e., after number of years ranging from 8-9 years to 16-18 years. The casual labourers tried to meet this argument by contending that the cause of action was continuing one inasmuch as Scheme for placing casual labourers on the LCLR was a continuing one. In those case where the relief has been granted to the casual labourers by the learned Tribunal and the department has filed the Original Application, the learned Tribunal agreed with the contention of the casual labourers holding that it was continuing cause of action. Contrary view as taken in other cases and the Original Applications were dismissed as highly belated and time barred.