Facts
The 57 applicants approached the Central Administrative Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking absorption as Parcel Porters on the basis of a verification report submitted by the Assistant Labour Commissioner on 29 February 2000.
Source reference: p.5, para. 2They also sought a direction to the respondents to decide their representation dated 24 September 2025.
Source reference: p.5, para. 2The respondents contended that the claim for absorption, founded on the 2000 verification report, was barred by limitation.
Source reference: p.5, para. 3The applicants, however, submitted that their representation dated 24 September 2025 remained pending and requested that the competent authority be directed to decide it by a reasoned and speaking order.
Source reference: p.5, para. 4The respondents stated that they had no objection to such a direction.
Source reference: p.5, para. 5The Tribunal recorded that the representation had not been decided as of the date of the order.
Source reference: p.6, para. 6Issues
1. Whether the applicants’ claim for absorption as Parcel Porters, based on the Assistant Labour Commissioner’s verification report dated 29 February 2000, was barred by limitation.
Source reference: p.5, para. 32. Whether the respondents should be directed to consider and decide the applicants’ pending representation dated 24 September 2025 by a reasoned and speaking order.
Source reference: p.5, paras. 4–5; p.6, para. 6Law Applied
The Tribunal exercised jurisdiction under Section 19 of the Administrative Tribunals Act, 1985, which permits an aggrieved person to seek adjudication of service-related grievances before the Tribunal.
Source reference: p.5, para. 2The Tribunal applied the administrative-law requirement that a competent authority must consider a pending representation and communicate its decision through a reasoned and speaking order, in accordance with law.
Source reference: p.6, para. 6Although limitation was raised by the respondents, the Tribunal did not adjudicate that issue or determine the applicants’ substantive entitlement to absorption.
Source reference: p.5, para. 3; p.6, para. 7Reasoning
The Tribunal noted that the applicants’ substantive absorption claim related to a verification report issued in 2000, giving rise to the respondents’ objection that the Original Application was delayed.
Source reference: p.5, para. 3However, since the applicants confined their immediate request to consideration of their pending representation, and the respondents had no objection to such consideration, the Tribunal adopted a limited procedural course.
Source reference: p.5, paras. 4–5As the representation dated 24 September 2025 had remained undecided, the Tribunal directed the competent authority to examine it and issue a reasoned and speaking order in accordance with law.
Source reference: p.6, para. 6The Tribunal expressly declined to examine the merits of the absorption claim.
Source reference: p.6, para. 7Holding
The Original Application was disposed of without adjudicating the merits or the limitation objection.
The competent authority among the respondents was directed to decide the applicants’ representation dated 24 September 2025 by passing a reasoned and speaking order, under intimation to the applicants, within one month from the date of receipt of the certified copy of the order.
Source reference: p.6, para. 6No order was made as to costs, and any pending miscellaneous application was also disposed of.
Source reference: p.6, paras. 8–9Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
Ramu Tiwari and othervsRAILWAY BOARD
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