Union of India &
ANR. Vs. Laxman Singh Champalal & Ors. [2008] INSC 1481 (1 September 2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO. 5529 OF 2008 [Arising out of SLP(C) No.
12817/2006] UNION OF INDIA AND ANR. ... APPELLANT(S) :VERSUS:
ORDER
Leave granted.
The respondents
herein were said to have been regularized in the post of Gangmen, having been
engaged as monthly rated casual labours. They made a representation for their
reversion to the post of Khalasis. The said representation having been
rejected, an original application was filed before the Central Administrative
Tribunal. The Central Administrative Tribunal opined:
"Since they were
engaged as Casual Labour Khalasis they can always be reverted back as Khalasis
if they make necessary demands in that regard."
In support of the
aforementioned finding, the learned Tribunal has noticed some purported orders
passed by the Railway Administration. It was directed:
-2- "In view of
the above discussion and in the facts and circumstances of the case, we direct
the respondents to accept the request of the Applicants for reversion to the
post of Khalasi and pass necessary orders reverting them as Khalasis in the
scale of Rs. 750-940/-.
They may be
considered for regularization on the post of Khalasi, if they were sufficiently
senior, w.e.f. the date of their immediate junior was regularized. They also
may be permitted to work as Khalasis. If anyone of them is posted as Gangmen,
he may be reverted and posted as Khalasis, subject to availability of
vacancies."
The appellants
questioned the correctness of the said order by filing a writ petition before
the High Court of Judicature at Bombay. By reason of the impugned judgment the
said writ application has been dismissed, stating:
"By this petition,
the petitioners have challenged the order passed by the Central Administrative
Tribunal by which the petitioners are directed to consider for regularization
of the applicants before the Tribunal and they be permitted to work subject to
availability of vacancy. If, for any reason, it is not possible, the Union of
India can say so if and when such claim is made. At present, in our opinion, no
case for interference is made out."
The impugned judgment
is not a reasoned one. We have noticed hereinbefore that a direction has been
issued by the Tribunal upon the appellants to treat the concerned respondents
as Khalasis, and if any regularization is made they may be considered for
regularization on the post of Khalasis. Such directions are binding upon the appellants.
-3- In that view of
the matter, the High Court was required to consider the merit of the
contentions raised before it by the appellants.
As no reason has been
assigned by the High Court in support of its judgment, the same cannot be
sustained. It is set aside accordingly. The matter is remitted to the High
Court for consideration thereof afresh on merit. The appeal is allowed.
..........................J
(S.B. SINHA)
..........................J
(CYRIAC JOSEPH)
NEW
DELHI, SEPTEMBER 1, 2008.
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