KRISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition seeking review of the orders dated 30.03.2012 and 04.05.2012 whereby the writ petition being W.P(C) No.3774/2011 and the Review Petition 280/2012 respectively, filed by the Review Petitioner, were dismissed by this Court. The review petitioners were working as cooks and helpers in the MESS of the Signalling and Telecommunication Training Centre, Ghaziabad claiming to be railway employees, they filed OA 234/2009 before the Central Administrative Tribunal, seeking regularization of their services, in conformity with the provisions applicable to the employees of the non -statutory canteens of the railways. The OA was opposed by the respondents inter alia on the ground that the mess where the petitioners were working was a private establishment, to serve food to the trainees of different divisions of Northern Railways and NC Railways and was being run by the Temporary Mess Management Committee, consisting of staff members of the Training Centre as well as the trainees. It was also stated in the reply that the Mess workers were privately engaged from the market on payment basis and were paid only for the working days. The Tribunal took the view that taking into account the provisions of REM, the workers of a non -statutory and non -recognized canteen could not be absolved/regularized as the employees of the railways. However, the respondents were directed to examine and decide the issue of recognition of the canteen as a non -statutory recognized canteen.

(2.) PURSUANT to the order passed by the Tribunal, the petitioners were informed that they could not be equated with non -statutory recognized or unrecognized canteen and could not be treated as regular employees. It was also stated in the counter affidavit filed by the respondents the Mess had already been closed down on 25.5.2011 and all the workers had left the Mess on the same day.

(3.) REVIEW Petition No.280/2012 was filed by the petitioners seeking recall of the order of this Court dated 30.3.2010 solely on the ground that the subject matter of the dispute should have been heard by the Division Bench and not by a Single Member Bench of the Central Administrative Tribunal. The said review petition, however, was dismissed by us vide order dated 04.05.2012. A Special Leave Petition was filed by the petitioners before the Hon 'ble Supreme Court against the orders passed by this Court on 30.3.2012 and 4.5.2012 in W.P(C) No.3774/2011 and Review Petition No.280/2012 respectively. When the Special Leave Petition came up for hearing on 23.11.2012, the learned counsel for the petitioners sought permission of the Hon 'ble Supreme Court to withdraw the said petition, with liberty to file a review petition before this Court. The permission having been granted, the present review petition has been filed, seeking review of the order dated 30.3.2012 and 4.5.2012 respectively. Earlier the petitioners had also filed a review petition before the Hon 'ble Supreme Court seeking review of its order dated 23.11.2012, but the said petition was dismissed on 19.12.2012.