SUBHASH DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The grievance expressed by the petitioners, who are 9 in numbers, is with regard to not recognizing the canteen run by the petitioners as a statutory canteen and as a result of which, the petitioners are deprived from the status of being a permanent Railway employees. On the other hand, the prayer of the petitioners has been resisted by the respondent / Railways by contending that the entire basis in raising the present claim is erroneous and accordingly, no rights, whatsoever of the petitioners have been violated and there is no enforceable legal rights.

(2.) Before going to the issue to be decided, it would be convenient to place the facts of the case in brief.

(3.) As noted above, the 9 numbers of petitioners have described themselves as staff of a canteen established in the premises of the Office of the General Manager (Construction) in the year 1987. The petitioners claimed that they have been appointed in various posts including Head Cook, Assistant Cook Helpers etc. in the year 1999. The petitioners further claimed that such appointments were made by a Committee constituted by the staff of the Office of the General Manager (Construction), Maligaon. The petitioners claimed that although they were appointed by the Staff Committee of the Employees, they are receiving all the benefits like Free Travel Passes, Residential Accommodations and Uniforms from the Railway Authorities. The petitioners claim to be catering to the requirement of more than 700 employees of the Organization.