CourtKutchehry.com
Supreme CourtDivision Bench(1997) 10 SC CK 0038

Rashtriya Chaturth Shreni Railway Majdoor Congress (INTUC) vs Union of India and others

Supreme Court Of India · Decided on 1 October 1997 · Citation: AIR 1997 SC 3492 : (1997) AIRSCW 3650 : (1997) 8 JT 357 : (1997) 6 SCALE 340 : (1997) 11 SCC 1 : (1998) SCC(L&S) 1578 : (1997) 8 Supreme 403 : (1997) 2 UJ 760 : (1998) 1 UPLBEC 257

HON’BLE JUDGES
K. Venkataswami, J · A. S. Anand, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 6953 of 1997 (arising out of S.L.P. (C) No. 19434 of 1996)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 378 words
1.

Leave granted.

2.

Heard counsel for the parties.

3.

Aggrieved 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.

4.

In the view we propose to take, it is not necessary to setout in detail the facts leading to the filing of the said O.A. before the Tribunal.

5.

The 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 Railways Porters, Vendors and Bearers Vs. Union of India and others, .

6.

According to the appellant, the said judgment of this Court was rendered more or less in identical circumstances. The 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.

7.

The 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 Railways Porters, Vendors and Bearers Vs. Union of India and others, . 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.

8.

Accordingly, 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 Railways Porters, Vendors and Bearers Vs. Union of India and others, .

9.

The parties are at liberty to raise all the contentions available to them in law before the Tribunal. The appeal is accordingly allowed. No costs.