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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION

WRIT PETITION (CIVIL)  NO.  52 OF 2016

RAM BHAJAN DAS & ORS.                       Petitioner(s)

                               VERSUS

UNION OF INDIA & ORS. Respondent(s)

WITH

W.P.(C) No. 155/2017

W.P.(C) No. 167/2016

W.P.(C) No. 282/2012

W.P.(C) No. 910/2016

W.P.(C) No. 497/2012

W.P.(C) No. 53/2017

W.P.(C) No. 113/2018

W.P.(C) No. 745/2017

W.P.(C) No. 794/2017

W.P.(C) No. 781/2017

W.P.(C) No. 773/2017

W.P.(C) No. 754/2017

SLP(C) No. 3293/2018

W.P.(C) No. 986/2017

W.P.(C) No. 969/2017

W.P.(C) No. 1017/2017

W.P.(C) No. 1073/2017

W.P.(C) No. 38/2018

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W.P.(C) No. 82/2018

W.P.(C) No. 85/2018

W.P.(C) No. 121/2018

W.P.(C) No. 269/2018

W.P.(C) No. 230/2018

W.P.(C) No. 240/2018

W.P.(C) No. 386/2018

W.P.(C) No. 605/2018

W.P.(C) No. 618/2018

W.P.(C) No. 627/2018

W.P.(C) No. 786/2018

W.P.(C) No. 1190/2018

W.P.(C) No. 1168/2018

W.P.(C) No. 1132/2018

W.P.(C) No. 1294/2018

W.P.(C) No. 1329/2018

**********

J U D G M E N T

KURIAN, J.

Writ Petition (C) No. 794 of 2017

and Writ Petition No. 240 of 2018

1. The  petitioners  are  before  this  Court  seeking

appointment in Grade D post in Railways.  Their claim

is rested on the decision of this Court in All India

Railway Parcel & Goods Porters’ Union Vs. Union of

India and Others, reported in (2003) 11 SCC 590.  It

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appears that the objection is that the petitioners

have  not  acquired  the  required  educational

qualifications in terms of the rules.

2. But taking note of the long service rendered by

the  petitioners  and  taking  note  of  the  fact  that

there is a power for relaxation and taking note of

the further fact that it is a one-time measure, we

are of the view that it is a fit case for invocation

of  our  jurisdiction  under  Article  142  of  the

Constitution  of  India  and  give  a  quietus  to  the

entire  litigations.   Therefore,  the  writ  petitions

are disposed of with a direction to the Railways to

consider the names of the petitioners in case they

are  otherwise  eligible,  ignoring  the  objection  on

qualification and pass the required orders within a

period of one month from today.

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W.P. (C) No. 52/2016,    W.P.(C) No. 155/2017, W.P.(C)

No.  167/2016,  W.P.(C)  No.  282/2012,  W.P.(C)  No.

910/2016, W.P.(C) No. 497/2012, W.P.(C) No. 53/2017,

W.P.(C) No. 113/2018, W.P.(C) No. 745/2017, W.P.(C)

No.  781/2017,  W.P.(C)  No.  773/2017,  W.P.(C)  No.

754/2017, SLP(C) No. 3293/2018, W.P.(C) No. 986/2017,

W.P.(C) No. 969/2017, W.P.(C) No. 1017/2017, W.P.(C)

No.  1073/2017,  W.P.(C)  No.  38/2018,  W.P.(C)  No.

82/2018, W.P.(C) No. 85/2018, W.P.(C) No. 121/2018,

W.P.(C) No. 269/2018, W.P.(C) No. 230/2018, W.P.(C)

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No.  386/2018,  W.P.(C)  No.  605/2018,  W.P.(C)  No.

618/2018, W.P.(C) No. 627/2018, W.P.(C) No. 786/2018,

W.P.(C) No. 1190/2018, W.P.(C) No. 1168/2018, W.P.(C)

No.  1132/2018,  W.P.(C)  No.  1294/2018,   W.P.(C)  No.

1329/2018

1. All  impleadment/intervention  applications  are

allowed.

2. In  all  these  petitions,  the

petitioners/applicants/  interveners  have  sought  for

absorption as Grade D employees in the Railways on

the ground that they have been working as Parcel and

Goods Porters in the Railway Stations.

3. We find that the issue was considered by a Bench

of  three  Judges  of  this  Court,  leading  to  the

Judgment dated 22.08.2003 in All India Railway Parcel

& Goods Porters’ Union Vs. Union of India and Others,

reported in (2003) 11 SCC 590.  The operative portion

of the Judgment reads as follows :-

“34.  We  have  carefully  examined  the

report  of  the  Assistant  Labour

Commissioner,  the  findings  recorded

therein and the counter affidavits, reply

affidavits  and  rejoinder  filed  by  the

respective  parties.  The  facts  disclosed

in the report and the findings recorded

in regard to the perennial nature of work

cannot be overruled. Though we have heard

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at length both the parties, the learned

Additional  Solicitor  General  appearing

for Railway Administration was not able

to point out to us any valid reason as to

why the present writ petitions should not

be allowed in terms of the order dated

15.04.1991 made by this Court in similar

Writ  Petition  No.  277  of  1988,

particularly  when  in  the  matter  of

absorption of contract labour by a public

undertaking on a permanent regular basis.

We  feel,  therefore,  it  is  just  and

appropriate  to  issue  the  following

directions  to  the  respondent  Union  of

India and Railway Administration Units:  

1.  The  Assistant  Labour  Commissioner,

Lucknow  is  directed  to  again  scrutinize

all  the  records  already  placed  by  the

petitioners  and  also  the  record  to  be

placed by the respective contractors and

railway  administration  and  discuss  and

deliberate with all parties and ultimately

arrive at a conclusion in regard to the

genuineness and authenticity of each and

every  claimant  for  regularization.  This

exercise shall be done within six months

from the date of receipt of this judgment.

2.  Subject  to  the  outcome  of  the  fresh

enquiry and the report to be submitted by

the  Assistant  Labour  Commissioner,  the

Railway Administration should absorb them

permanently and regularize their services,

the  persons  to  be  so  appointed  being

limited to the quantum of work which may

become available to them on a perennial

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basis.  The  employees  so  appointed  on

permanent basis shall be entitled to get

from the dates of their absorption, the

minimum scale of pay or wages and other

service  benefits  which  the  regularly

appointed  railway  parcel  porters  are

already getting.  

3. The Units of Railway Administration may

absorb  on  permanent  basis  only  such  of

those Railway Parcel Porters (Petitioners

in this batch) working in the respective

railway  stations  concerned  on  contract

labour who have not completed the age of

superannuation.  

4. The Units of Railway Administration are

not required to absorb on permanent basis

such of the contract labour Railway Parcel

Porters  who  are  found  medically

unfit/unsuitable for such employment.  

5.  The  absorption  of  the  eligible

petitioners  in  the  writ  petitions  on  a

regular  and  permanent  basis  by  Railway

Administration  as  Railway  Parcel  Porters

does  not  disable  Railway  Administration

from  utilizing  their  services  for  any

other  manual  work  for  the  Railways

depending upon its needs.  

6. In the matter of absorption of Railway

Parcel  Porters  on  contract  labour  as

permanent  and  regular  Railway  Parcel

Porters, the persons who have worked for

longer periods as contract labour shall be

preferred to those who have put in shorter

period of work.

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7.  The  report  to  be  submitted  by  the

Assistant  Labour  Commissioner  should  be

made the basis in deciding the period of

contract labour work done by them in the

railway  stations.  The  report  shall  be

finalized and submitted after discussions

and  deliberations  with  railway

administration and the contractors and all

the  representatives  of  the  writ

petitioners  or  writ  petitioners

themselves.  

8.  While  absorbing  them  as  regular

employees their inter se seniority shall

be  determined  department/job-wise  on  the

basis of their continuous employment.  

9.  After  absorption,  the  contract

labourers will be governed exclusively by

the  terms  and  conditions  prescribed  by

railway  administration  for  its  won

employees  irrespective  of  any  existing

contract  or  agreement  between  the

respondent and the contractors. No claim

shall be made by the contractors against

the  railway  administration  for  premature

termination of their contracts in respect

of the contract labourers.  

10. The railway administration shall be at

liberty  to  retrench  the  workmen  so

absorbed  in  accordance  with  law.  This

order shall not be pleaded as a bar to

such retrenchment.  

11. This judgment does not relate to the

persons who have already been absorbed.”  

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4. In  all  these  cases,  the  grievance  was  that

despite  the  Judgment,  the  Labour  Commissioner

concerned has not been verifying the factual position

of the petitioners.  Pursuant to several orders passed

by this Court, we find that the Labour Commissioners

have completed their inquiry and submitted the reports

before this Court.  The Railways have collected copies

of the reports filed by the Labour Commissioners.

5. Therefore, we do not find any necessity to retain

these petitions before this Court.  It is for the

Railways  to  act  in  terms  of  the  Judgment  we  have

extracted above.  If they have any objection other

than those covered in the decision extracted above, it

will be open to them to communicate such objections to

the Labour Commissioners concerned with a copy to the

individual porter.

6. In  the  case  of  such  Railway  Parcel  and  Goods

Porters where the Labour Commissioners concerned have

given  a  report  for  which  the  Railways  have  no

objection, for all purposes they shall stand appointed

with effect from 15.12.2018.  We make it clear that if

the objection is only on those grounds covered by the

decision referred to above, the same shall be ignored.

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7. Any  other  objections,  which  are  not  otherwise

covered by the decision referred to above, shall be

reported to the Labour Commissioners concerned with a

copy to the incumbent concerned within 15 days and the

Labour  Commissioners  concerned  shall  complete  the

inquiry  thereon  within  six  weeks  from  the  date  of

receipt of the objections.  We make it clear that if

the  objection  is  only  on  those  grounds  which  are

otherwise covered in the decision referred to above,

the  Labour  Commissioners  shall  simply  ignore  those

objections.

8. Within the said six weeks of such inquiry, the

Labour Commissioners shall forward the report to the

competent authority of the Railways and the competent

authority shall act on such report within another two

weeks.

9. With the above observations and directions, the

petitions are disposed of.  We also make it clear that

since the inquiry was conducted with notice to the

Railways,  the  objections  which  have  already  been

considered  by  the  Labour  Commissioners,  no  further

objection shall be raised on those objections.

10. In the case of those Porters where the inquiry

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has not yet been conducted/completed, the same shall

be  conducted/completed  positively  within  six  weeks

from the date of production of a copy of this Judgment

by  the  incumbent  concerned  before  the  Labour

Commissioner concerned and the Railways will act upon

those reports subject to the objections which we have

referred  to  in  this  Judgment,  within  another  two

weeks.

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ HEMANT GUPTA ]  

New Delhi; November 28, 2018.