UNION OF INDIA Vs. PASCHIM RAILWAY KARMCHARI

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the Petitioner is challenging the order dated 24th June 2005 passed by the Central Administrative Tribunal, Mumbai ("the CAT", for short) in O.A. No. 238 of 2004 and order dated 30th November 2005 passed in Review Petition No. 30 of 2005.

(2.) The factual matrix are as follows:

(3.) Learned counsel Mr. Sureshkumar who appeared for the Petitioner submitted that the CAT has erred in relying upon the order passed by the CAT in O.A. No. 538 of 1996. He submitted that in the said matter though there was direction to frame a scheme for calculating 50% of the service of the commission vendors, such scheme was not framed. He submitted that even the Contempt Petition No. 56 of 2006 which was filed before the CAT by the applicant in that petition was rejected. He submitted that in the earlier petition, being Writ Petition No. 499 of 2002, the 50% of the services of the Commission Vendors was calculated in view of the concession given by the Counsel for the Railway and it has been specifically observed that the said order shall not be treated as precedent. Therefore, he submitted that the decision given by the CAT in O.A. No. 238 of 2004 which is based upon the said decision of the CAT in O.A. No. 538 of 1996 and decision of this Court in Writ Petition No. 499 of 2002 is not just and proper. He submitted that the reliance placed by the CAT on these decisions was uncalled for, because these were the orders passed on concessions ultimately.