Judgment

Nanavati, J.-The appellants were employed as Volunteers by the East­ern Railway to help the staff to check ticketless travel. They were paid Rs. 8/- per day. They had worked as such for a long time without a break. By an order dated 31.1.86, the D.R.M., Sealdah withdrew the scheme of utilising services of Volunteers. The appellants, therefore, challenged that order before the Central Administrative Tribunal. The said order was set aside and the Railway Administration was directed to treat all of them as casual employees with temporary status.

2. Inspite of that order, the Railway Administration did not treat them as temporary employees and extend the benefits available to temporary employees. Therefore, they filed O.A. No. 439/88 before the Tribunal. That application was heard alongwith O.A. Nos. 139 and 420/88. All the three applications were disposed of by the Tribunal by a common order dated 31.7.90. The relevant part of the order is quoted below :-

“22. After giving our anxious consideration to the facts of these three cases, the materials on record and the submissions of the learned counsel for both the parties, we find merit in the contention of the applicants that the