Judgement

CHINNAPPA REDDY, J.:- A Division Bench of this Court consisting of Desai and Ranganath Misra, JJ. gave certain directions in Inder Pal Yadav v. Union of India, (1985) 2 SCC 648, modifying a scheme prepared by the Railway Administration for the purpose of absorbing retrenched Railway Casual Labour. Incorporating the directions of the Court, the Railway Board issued a circular to the General Managers of all Indian Railways, paragraph 5.1 of which is relevant and is as follows :

"5. 1. As a result of such deliberations, the Ministry of Railways have now decided in principle that casual labour employed on projects (also known as "Project casual labour") may be treated as temporary on Completion of 360 days of continuous employment. The Ministry have decided further as under :-

(a) These orders will cover :-

(i) Casual labour on projects. who were in service as on 1-1-1981; and

(ii) Casual labour on projects, who, though not in service on 1-1-1981, had been in service on Railways earlier and had already completed the above prescribed period (360 days) of continuous employment or have since completed or will complete the said prescribed period of continuous employment on reengagemen