SURESH PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Bhoopendra Nath Singh, learned counsel for the petitioners and Sri S.K. Srivastava, learned counsel for the respondents. This writ petition has been filed challenging order dated 5.8.2004 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 1046 of 1999.

(2.) The petitioners had filed Original Application before the Tribunal for quashing the order of termination with effect from 16.9.1986 and also for a direction to treat them as class IV employees and reinstate them with continuity in service with full back wages.

(3.) The case of the petitioners before the Tribunal was that they were appointed on the post of Coal Mazdoor/Khalasi in the category of Class IV employee in G.M.C. Shed Juhi under Loco Foreman, Northern Railway, Kanpur through contractors. They were doing work of unloading and loading of coal, removal of ashes and picking of cinders and cleaning of Railway Lines. Though they started working from different dates, they were not allowed to work further after 16-9.1986 and the contract for such work was given to Railway Parcels and Goods Porter Co-operative Society Limited, Aligarh. When the union demanded regularisation against Class-IV post and also for equal pay for equal work, such demand was not considered. It was also case of the petitioners that they had not been served with any order of termination but were not permitted to work after 16.9.1986. Therefore, termination is alleged to be in violation of Section 25-F of the Industrial Disputes Act, 1947.