UNION OF INDIA (UOI) THROUGH ITS GENERAL MANAGER NORTHERN RAILWAY Vs. SHISH PAL SINGH S/O KESHERIYA SINGH; BASANT KUMAR S/O PHOOL SINGH

JUDGEMENT

(1.) The present petition is filed against the order dated 24th October, 2005, in OA No. 819/2005, and order dated 19th April, 2006, in RA No. 27/2006 passed by the Central Administrative Tribunal, Principal Bench, New Delhi.

(2.) The Respondents herein filed OA No. 914/2008 which was dismissed on the ground of limitation vide order dated 15th June, 1999 relying on the judgment of the Hon''ble Apex Court in the matter of Ratam Chandra Sammanta and Ors. v. The Union of India and Ors. reported in JT 1993 (3) SC 418 and the judgment in Bhoop Singh v. Union of India and Ors. reported in AIR 1992 SC 728. Against the aforesaid order the Respondents herein, filed the writ petition No. 5071/1999 before this Court, which was disposed of with the direction to the Tribunal to decide the case on merits because the cause of action is a continuous one, hence, the OA filed by the Applicants was not barred by time. After the matter was remanded back to the Tribunal, the Tribunal heard and allowed the OA vide order dated 1st August, 2000, with direction to the Petitioner herein, to scrutinise the documents that is Annexure A-8 to the OA and further directed that if the documents are found genuine and authenticated, the name of the Respondents shall be entered in the Live Casual Labour Register (hereinafter referred to as the LCLR). The Petitioner herein, passed the order while complying with the order of the CAT, considered the documents produced by the Respondents and passed reasoned order dated 26th December, 2000. Being aggrieved by the aforesaid order, passed by the Petitioner herein, the Respondents moved MA No. 2271/2001 which was disposed of vide order dated 28th November, 2001, with the observation that in view of the order of the Petitioner authority, the proper course for Applicant is, to file a fresh OA, since, a fresh cause of action has arisen, if so advised.

(3.) The Respondents filed fresh OA No. 819/2005 after a gap of more than three years from the date of disposal of the MA and more than 4 ? years after the cause of action actually arose, challenging the order dated 26th December, 2000, passed in compliance of directions in OA No. 914/1998 dated 1st August, 2000. The Petitioner herein, contested the above said OA and raised the objection on limitation and informed that vide PS No. 7716-A the power of engagement of casual labours by the Divisional Superintendents (now Divisional Railway Managers) stood withdrawn from 3rd January, 1981, and any engagement of casual labour, without approval of the General Manager, after 3rd January, 1989, by any person, was declared to be bad in law.