Full Judgment Text
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PETITIONER:
RASHTRIYA CHATURTH SHRENI RAILWAYMAJDOOR CONGRESS(INTUC)
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 01/10/1997
BENCH:
A.S. ANAND, K. VENKATASWAMI
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
K. Venkataswami. J.
Leave granted.
Heard counsel for the parties.
Aggrieved by the order of the Central Administrative
Tribunal (hereinafter called the "Tribunal"), Allahabad
Bench, dated January 8, 1996 in O.A.No. 1361/95. the present
appeal is filed.
In the view we propose to take, it is not necessary to
set out in detail the facts leading to the filing of the
said O.A. before the Tribunal.
The appellant union moved the Tribunal for regularising
the services of its members, on the ground that they have
been engaged as contract labourers for several years doing
the job of parcel porters at Agra Fort (Railway Station) in
the light of the judgment of this Court in National
Federation of Railway porters, Vendors and Bearers vs. Union
of India & ors. (1995 (supp) 3 SCC 152.
According to the appellant, the said judgment of this
Court was rendered more or less in identical circumstances.
The Tribunal, unfortunately, instead of going into the
matter and deciding the issue raised before it, declined to
entertain the O.A. on the ground that the union has an
alternative remedy available to it.
The question that was to be decided by the Tribunal in
the light of the judgment of this Court in National
Federation of Railway Porters’ case (supra) was which is the
’appropriate Government’ to decide the question of
regularisation of the workers to apply the principle laid
down by this Court in National Federation of Railway
Porters, Vendors and Bearers vs. Union of India & ors. 1995
(Supp) 3 SCC 152. In the facts and circumstances of this
Case and having regard to the fact that the interests of
labourers are involved, we think it would have been
appropriate for the Tribunal to decide the question itself
instead of directing the union to avail the alternative
remedy.
Accordingly, we set aside the order of the Tribunal in O.A.
No. 1361/95 and direct it to decide the issue itself on
merits in the light of the principles laid down by this
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Court in the judgment in National Federation of Railway
Porters, Vendors and Bearers vs. Union of India & Ors. 1995
(Supp) 3 SCC 152.
The parties are at liberty to raise all the contentions
available to them in law before the Tribunal. The appeal is
accordingly allowed. No costs.