LAWS(KER)-1979-9-25

NARAYANAN Vs. SOUTHERN RAILWAY

Decided On September 24, 1979
NARAYANAN Appellant
V/S
SOUTHERN RAILWAY Respondents

JUDGEMENT

(1.) The appellant was a licensed porter of the Trivandrum Central Railway Station for about 18 years. On 25-1-1977 while he was trying to get into a passenger train with luggage, some of the passengers who were coming out of the train pushed him out and he fell on the railway line. The train started and a wheel thereof went over his leg. As a result of the injuries his leg had to be amputated. He claimed compensation from the railway administration under the Workmen's Compensation Act. The Commissioner for Workmen's Compensation while rejecting the claim of the appellant that he was a workman under railway administration observed that there was no employer employee relationship between the appellant and the railway administration, that for carrying the luggage of passengers, the appellant was being paid by them and that the accident took place while the appellant was about to carry the luggage of a passenger.

(2.) The appellant challenges the above reasoning. It is admitted by him that for the services rendered to the passengers he receives payments from them. But according to him, the conditions which have been imposed on him by the Railway are sufficient to make him a railway servant.

(3.) Licence in the case of porters directly licensed by the Railway is issued in the name of the President of India. A licensed porter is to work under the overall supervision of Assistant Station Master/Station Master/ Station Superintendent, and carry out instructions given either by him or by the Platform Inspector/Mukadam/Mate/Supervisor in connection with the work of handling (1) passengers' luggage; and (ii) parcels and luggage in the custody of the railway. He is to attend the station and work according to the roster drawn by the Station Master/Station Superintendent. He is to charge passengers only the notified rates for handling the luggage. Any infringement of this rule is liable to result in the immediate cancellation of the licence. He is to pay the railway administration a monthly licence fee as may be fixed by the administration from time to time. He is being supplied with uniforms, badges and buckles under specified conditions and they are to be returned if and when ceases to work as porter or if his licence is suspended or cancelled by the administration. He is eligible for free outdoor treatment at the Railway Hospital/Dispensary, where they exist. He may be required to work for the Railway Administration in handling parcels and luggage in the custody of the Railway at rates of remuneration as may be fixed by the administration. The cost of any package broken or damaged by a Porter due to his careless handling may be recovered from his dues in that connection. He may be suspended for such periods as may be decided by the Station Master/Station Superintendent for the following reasons: