Chaturth Shreni Railwaymajdoor Congress Vs. Union of India & Ors  INSC
760 (1 October 1997)
ANAND, K. VENKATASWAMI
counsel for the parties.
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.
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.
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
to the appellant, the said judgment of this Court was rendered more or less in identical
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.
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.
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 Court in the judgment in National Federation of Railway Porters, Vendors
and Bearers vs. Union of India & Ors. 1995 (Supp) 3 SCC 152.
parties are at liberty to raise all the contentions available to them in law
before the Tribunal. The appeal is accordingly allowed. No costs.