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1992 Supreme(SC) 170

K.RAMASWAMY, N.M.KASLIWAL
Union Of India – Appellant
Versus
Basant Lal – Respondent


Advocates:
ANAND PARKASH, B.K.PRASAD, D.N.GOVARDHAN, G.K.LUTHRA, PINKY ANAND, S.N.SIKKA

JUDGMENT

KASLIWAL, J.:—Special leave granted.

2. The Union of India has filed this appeal by grant of Special Leave challenging the order of the Central Administrative Tribunal, .Principal Bench, New Delhi dated 16-3-1990. Shri Basant Lal and 104 others were employed on the post of casual labour in July, 1988. Their services were terminated by oral order dated 19-12-1988. The workers submitted a representation against their illegal termination. Their contention was that they had been working continuously for more than 120 days and as such were entitled to the status of temporary Railway servants. Having received no response to their representation, they approached the Central Administrative Tribunal. It was an admitted case of the Railway that the casual labourers who have worked continuously for more than 120 days in open line and those who have worked for more than 360 days on projects acquire temporary status and they will be entitled to the rights and privileges admissible to temporary Railway servants as laid down in Chapter XXIII of the Indian Railways Establishment Manual. Thus, the contention of the Railway was that the workers in the present case were employed in project wo

















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