CHHAGAN RANCHHOD KUKVAVA Vs. GENERAL MANAGER WESTERN RAILWAY

JUDGEMENT

(1.) The order of the Central Administrative Tribunal, Ahmedabad Bench in O. A. No. 426 of 1995 is challenged by way of this petition before us. The petitioner contends that he was a casual labourer in Railway in Bhavnagar Unit from 24-12-1982 to 20-3-1984 and he had worked for 431 days and therefore, it is claimed that his name should be included in the live register for the casual labourers maintained by the respondents. In the original application, he had also prayed for a declaration that the action of the respondents in preparing and notifying list of casual labourers, who had worked prior to 1-1-1981 is illegal and that the respondents should be directed to prepare up-to-date list of casual labourers. Before the Tribunal, the respondents contended that the name of the petitioner cannot be included in the live register, as he had worked for a period after 1-1-1981. The respondents also contended that the claim of the petitioner is belated and the original application was liable to be dismissed on the ground of delay.

(2.) The Tribunal, after having considered the matter, held that the application filed by the petitioner was highly belated, as cause of action for the petitioner had arisen several years prior to the filing of the Original Application and the Original Application was accordingly dismissed. Hence this Special Civil Application under Arts. 226/227 of the Constitution of India.

(3.) We heard Mr. P. H. Pathak, learned Counsel appearing for the petitioner and Mr. J. J. Yagnik, learned Counsel appearing for the respondents.