CAT - ['Delhi']Employment and Labour LawCivil Procedure and Evidence

CAT Allows 46 Railway Station Workers To Withdraw Cases And Refile After Counsel Says Work Details Were Not Properly Pleaded

UMESH GUPTAv.RAIL BHAWAN

CAT Allows 46 Railway Station Workers To Withdraw Cases And Refile After Counsel Says Work Details Were Not Properly Pleaded. UMESH GUPTA vs RAIL BHAWAN. CAT - ['Delhi']. LawLens
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In brief

The question

Whether the applicants should be permitted to withdraw the OAs with liberty to file fresh, properly pleaded applications.

The court held

The Tribunal allowed the applicants to withdraw both OAs, with liberty to file better OAs in accordance with law.

It also directed

The OAs were dismissed as withdrawn, the interim orders dated 24 April 2024 and 24 November 2025 were vacated, and no costs were awarded.

01Facts

The applicants in both Original Applications asserted that they worked as helpers, bearers or commission agents under registered railway-station vendors. The respondents disputed that the applicants had been engaged by the Railways in any capacity.

¶ 2

During argument, applicants’ counsel acknowledged that the factual case had not been properly pleaded in the OAs and sought permission to withdraw them, with liberty to file better OAs in accordance with law.

¶ 3–4

02Issues

i.Whether the applicants should be permitted to withdraw the OAs with liberty to file fresh, properly pleaded applications.

¶ 4

ii.Whether the interim orders should continue after withdrawal of the OAs.

¶ 5

03Law Applied

The order does not cite any statute, precedent or substantive legal principle.

¶ 4–5

It applies the procedural course of permitting withdrawal of the proceedings with liberty to institute better applications in accordance with law; it also directs that interim orders in the withdrawn matters stand vacated.

¶ 4–5

04Reasoning

The Tribunal did not adjudicate whether the applicants were engaged by the Railways or were entitled to any service-related relief.

¶ 2–5

The respondents denied any such engagement, while the applicants’ counsel accepted that the material facts had not been properly pleaded. In those circumstances, the Tribunal granted the applicants’ request to withdraw the OAs with liberty to file better applications, leaving the merits open.

¶ 2–5

05Holding

The Tribunal allowed the applicants to withdraw both OAs, with liberty to file better OAs in accordance with law.

¶ 5

The OAs were dismissed as withdrawn, the interim orders dated 24 April 2024 and 24 November 2025 were vacated, and no costs were awarded.

¶ 5
CAT - ['Delhi']

Original Court PDF

UMESH GUPTAvsRAIL BHAWAN

CAT - ['Delhi'] · October 14, 2026

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