ONKER BOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) The Communication dated 3.3.2009 of the Dy. Chief Commercial Manager (TC & Catg.) terminating the services of the petitioner No. 2 as a commissioned vendor and also the notice dated 9.4.2009 issued by the Assistant Manager (Catering), Indian Railway Catering & Tourism Corporation Ltd., Regional Office, Guwahati requiring the petitioner No. 1 to return his stock and to clear the outstanding dues as a commission vendor under the Railways form the subject matter of challenge in the instant proceeding. As the petitioners construe that the above steps tantamount to termination of their services as commissioned vendors, they are before this Court seeking redress.

(2.) I have heard Mr. A.K. Roy, learned counsel for the petitioners, Mr. Nair, learned Standing Counsel, Railways and Mr. G.N. Sahewalla, learned Senior Advocate assisted by Mr. A.Singh, Advocate for the Indian Railway Catering & Tourism Corporation Ltd. (hereafter for short referred to as the 'Corporation').

(3.) In short, the petitioners' pleaded case is that, after the death of the father of the petitioner No. 1 who had been engaged as a commission vendor of a tea stall at the Guwahati Railway Station under the respondent railways on 6.11.1999, he (petitioner) on his application, was granted a commission vendor licence in place of his father. That was with effect from 7.4.2000. According to the petitioner No. 1, he has been continuing as such at the Guwahati Railway station since then till date. The husband of the petitioner No. 2 was also a commission vendor of a pan shop at the said Railway Station and after his demise, she (petitioner No. 2) had obtained a licence to the said effect on and from 1.2.1989 and has been engaged as such since then till date. The petitioner No. 3 also claims to be a licensed commission vendor of a tea stall at the Guwahati Railway Station since 1967. He is presently aged 71 years.