UNION OF INDIA Vs. SUNIL MANUBHAI WAGHELA

JUDGEMENT

(1.) WE have heard Ms.Vasavadatta Bhatt, learned counsel for the petitioners.

(2.) THE facts are that the original petitioner, respondent herein, along with five others filed O.A.No.483 of 2002, challenging the oral termination order dated 1.4.2002 passed by the respondent authority. THEy also claimed regularisation in permanent cadre against the vacancies in terms of Railway Board's directions, reiterated by the Tribunal vide order passed in O.A. No.591 of 2000. Initially, the respondents were engaged for two hours every day for cleaning the premises of Railway Station. Railway Board issued circular dated 16.1.2007 requiring its administration to regularise their services even creating new post of Safaiwala. Instead of appointing the petitioners, their services came to be terminated on 1.4.2002 and such posts were assigned to a private contractor. O.A. No.591 of 2000 was disposed of on 5.11.2004 with the following observations:

(3.) SINCE the order of the Tribunal dated 5.11.2004 became final and binding between the parties, it was not open to the respondents to sit over the order of the Tribunal and pass an order without considering the Circular dated 8.1.1997 circulated by the Western Railway on 6.2.1997. We do not find any illegality in the impugned order of the Tribunal dated 14.2.2011 passed in O.A. No.282 of 2010. This petition is devoid of any merits and is dismissed accordingly.