S.DHARMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Since the issue involved in all the Writ Petitions are one and the same a common Order is being pronounced in all the 12 Writ Petitions. Out of 12 Writ Petitions, 2 have been filed by the workmen and the remaining by the Union of India along with Indian Railways.

(2.) The facts which has led to the filing of the Writ Petitions are as follows: The applicants before the Central Administrative Tribunal, Madras Bench (who are the respondents in 10 of the Writ Petitions and petitioners in 2 of the Writ Petitions), were inducted as Casual Labourers in the Railways, Divisional Signal and Telecommunication Engineering, Tambaram (in short DSTE/W/TBM). They had been appointed from the years 1968 - 1969 right upto the year 1977.

(3.) On 31.12.1980, vacancies had been arisen and many of the Casual Labourers were empanelled against these vacancies and temporarily posted as Khalasis in scale of pay under various Supervisory Officials. The said appointment was in keeping with the Indian Railways Establishment Manual. Para No.2501 of the Second Edition of the Indian Railways Establishment Manual, hereinafter termed as IREM, published in the year 1968, described three kinds of Casual Labourers that the railway should employ: