UNION OF INDIA Vs. DAYANAND GUPTA

JUDGEMENT

(1.) This writ petition has been filed by the petitioners-Railway Administration challenging the order of the Central Administrative Tribunal, Allahabad dated 16.5.2011 passed in Original Application No.104 of 2010 and the order dated 16.8.2011 passed in the Review Application No.56 of 2011.

(2.) Briefly stated the facts of the case are that an original application was filed by the respondents being Original Application No.104 of 2010 for a direction to the Union of India, Railway Administration to treat the applicants (respondents herein) as permanent Railway Parcel Porters with effect from their first day of joining as Substitute Parcel Porter with arrears of pay.

(3.) The case of the respondents before the Tribunal was that they were working on as contract workers in eight hourly shifts for loading and unloading of goods in the train for twenty four hours. It was also stated that a Writ Petition No.277 of 1998 was filed before the Supreme Court under Article 32 of the Constitution of India by 166 Railway Parcel Porters as contract labour for a direction to the Union of India for their permanent absorption as Railway Parcel Porters. The Supreme Court by order dated 4.10.1989 directed the Labour Commissioner, Uttar Pradesh to enquire as to whether the writ petitioners were working as contract labour at the railway station and submit his report. The Labour Commissioner, Uttar Pradesh submitted his report after conducting a detailed enquiry on 17.10.1990 and, thereafter, the writ petition was allowed by the Supreme Court by its judgement and order dated 15.4.1991 and a direction was issued to the Railway Administration to treat the respondents as Railway Parcel Porter and to give them regular salary. Thereafter, other writ petitions were filed being Writ Petition (Civil) No.507 of 1992, Writ Petition No.415 of 1992,Writ Petition No.82 of 1993 and Writ Petition No.838 of 1992 which all were decided by order dated 9.5.1995. Thereafter writ petitions being Writ Petition (Civil) No.568 of 1995 and Writ Petition (Civil) No.711 of 1995 were filed, which were ultimately decided by the Supreme Court on 8.7.1996.