SENIOR DIVISIONAL COMMERCIAL MANAGER SOUTH EAST CENTRAL RAILWAY NAGPUR Vs. GENERAL SECRETARY PARCEL PORTER

JUDGEMENT

(1.) Rule. Returnable forthwith. Heard finally by consent of parties.

(2.) The petitioners South East Central Railway, Nagpur, has taken exception to the judgment and award dated 20th March, 2008, passed by Presiding Officer, C.G.I.T - cum - Labour Court, Nagpur in Case No. CGIT NGP 36/42.

(3.) Appropriate Government had made two references containing two lists of 63 and 143 workmen with the CGIT Cum Labour Court (for brevity hereinafter referred to as "Tribunal). Upon consolidation thereof, the tribunal took up the same for adjudication. The gist of the reference by and large was whether these persons claiming to be parcel porters were workman under Section 2(S) of the Industrial Disputes Act and whether they could be regularized as Railway employees. The Union which represented the workmen, namely the General Secretary, Parcel Porter Sanghatana, S.E. Railway, Nagpur Division, Motibag, Nagpur-12, filed its statement of claim through one Manish Saxena, in two sets with almost the same pleadings and who had also given his evidence. It was the case of the Union that Railways undertake a systematic activity for production, supply or distribution of goods or services with a view to satisfy the human wants or wishes and with a motive to make gain & profit. Its members who have been working as Parcel Porters are, therefore, workmen. According to them, management of Railways carries the business of transportation of goods parcels all over the country and it also earns profit therefrom. Parcel Porters are engaged to load and unload, seal & unseal the parcels. As this work is of perennial nature, the Union made a demand for their absorption on regular basis. It was then claimed that on 8.8.1994, a public notification was issued for inviting persons for interview and the appointments were made as per the procedure laid down in the Railway Recruitment Regulation as licensed Porters. But the duties they performed were of loading & unloading, sealing and unsealing of the railway materials etc. The list of 151 Parcel Porters working at Itwari, Kamptee, Bhandara, Tumsar Road, Tiroda, Gondia and Rajnandgaon showed the names of all Parcel Porters. They are appointed as licensed Porters, but their duties are different from the licensed porters and they are working in the Parcel Office as Parcel Porters like regular Railway Parcel Porters since 1994 onwards. Initially they were allowed to work only for 4 hours but after May, 1997, they worked for 8 hours. Affirmatively putting their case, they averred that neither they had paid any monthly license fees, nor they had signed any agreement, nor they were allotted any badge or buckle, nor they were supplied red coloured Uniform so that they could be termed as Hamal or licensed Porter. On the contrary, as per the Muster Roll, their names were maintained on record and they had completed 120 days and thus they are entitled to temporary status.