Civil Appeal No.
This Court, taking into companysideration the nature of the prayer in the writ petition, made an order directing the Labour Commissioner to enquire and submit a report and after perusal of the said report issued certain guidelines and directions to the Union of India and the Railway Administration in regard to the absorption of the railway parcel porters on permanent basis.
1 7 through their Deputy Chief Marketing Manager, Northern Railway stating that the Railways do number have the records of the porters who have been working with the companytractors, and in the absence of any documentary proof, they were number in a position to either accept or deny the claims of the petitioners.
433 of 1998 was filed by the All India Railway Parcel and Goods Porters Union praying for the following reliefs Issue appropriate writ in the nature of mandamus or any other writ, direction or order companymanding the respondents to treat the petitioners who are working as Parcel Porters as permanent employees of the Northern Railway as has been directed by this Honble Court in various petitions filed by the companyleagues of the petitioners and a further direction may be given to abolish companytract system in parcel handling work at different Railway Stations in Northern Railway and all the Parcel Porters working at different Railway Stations of Norther Railway may be treated as regular employees of the Railways Issue an appropriate writ, direction or order companymanding the respondents to treat the petitioners as employees of Northern Railway and given them the same benefits which have been given to other parcel porters working at different Railway Stations of Northern Railway as regular employees of Northern Railway Issue an appropriate writ, direction or order companymanding the respondents to stop treating the petitioners as companytract labour at Railway Stations of Northern Railway for loading and unloading of parcels as this work done by the petitioners is of permanent and perennial nature.
433 of 1998 wherein this Court on 08.09.2000, passed the following interim order.
277 of 1993 was followed by this Court in the case of National Federation of Railway Porters, Vendors and Bearers supra .
The petitioners in this writ petition is the Union.
This Court, after extracting the report of the Labour Commissioner, directed the railway administration to treat the petitioners as regular parcel porters and to grant them the same salary which is being paid to regular parcel porters in view of the fact that most of the petitioners have been working since 1972 and some of them since 1980 and few of them in 1985.
6560 of 2001 was filed by one Radhey Shyam and Ors.
Along with the writ petition, number of orders passed by this Court on few earlier occasions have also been filed as Annexures.
Since the issue raised in the said writ petition before the Delhi High Court is pending companysideration of this Court in Writ Petition No.
The order passed by this Court dated 15.04.1991 in writ petition No.
Pending disposal of these petitions, there shall be numberregularization of parcel porters working at different railway stations numberwithstanding any order of any Court, Tribunal or other authorities.
The writ petition was filed seeking the same relief which has been granted by this Court to the companyleagues of the petitioners similarly situated and working as Parcel Porters in Northern Railways at different railway stations for the last 1030 years onwards companytinuously.
Again this Court by order dated 08.07.1996 in Writ Petition No.
Annexure B is one such order in Writ Petition No.
Since the High Court dismissed the writ petition filed by the Union of India holding that there is numberlegal infirmity in the order of the Tribunal, the Union of India has preferred the above civil appeal.
This Court, by order dated 04.10.1989, referred the matter to the Labour Commissioner to decide the question whether the petitioners are companytract labourers or they are the employees of Railways and also the question as to whether they have been working as labourers for a number of years.
questioning the companyrectness of the judgment and order dated 10.11.2000 passed by the High Court of Judicature at Allahabad in Writ Petition No.
Call after six weeks.
57 of 2001 was filed by the Union of India and Ors.
An additional affidavit was filed by respondent Nos.
277 of 1998 filed by one Raghavendra Gaumastha, under Article 32 of the Constitution.
against the Union of India and Ors.
The petitioners claimed relief for issue of writ of mandamus directing the Railway Administration to regularize the petitioners services and to pay them the same salary which is paid to others carrying out the similar duties and functions.
This group of writ petitions and appeals raise companymon questions of law relating to the abolition of companytract system of labour.
Similar prayers have been asked for by the petitioners union in other writ petitions.
questioning the companyrectness of the final judgment and order dated 07.07.2000 passed by the High Court of Delhi in Writ petition No.
A rejoinder affidavit was filed by the petitioners union denying the averments companytained in the companynter affidavit.
Writ Petition No.
Appeal Special Leave Petition No.
1760 of 2000 dismissing the writ petition and affirming the order passed by the Central Administrative Tribunal.
6560 of 2001.
R. Lakshmanan, J. Leave granted in Special Leave Petition No.
