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SUPREME COURT OF INDIA
A.S.Anand, CJI., M.Srinivasan, J.
Railway Parcel And Goods Handling Mazdoor Union
Versus
Union Of India
Case No. : 90 of 1997
Date of Decision : 10/16/98
Advocates Appeared: Mishra P.S. : Suri Sushma : Upadhyay S.B.
1995 Supp (3) SCC 152
Writ petition (C) No 277 of 1988 dated 15th April 1991 followed.
(1) THE petitioners, on being denied absorption and regularisation by the Railways, have filed this Writ Petition. By our order dated September 19, 1997, before proceeding to consider the cases of the petitioners who were working as Porters/Workers at the Railway Stations of Barkar, Durgapur, Raniganj, Sitarampur, Asansol and Andal Division of Eastern Railway, we directed the Assistant Commissioner (Labour), Central Government, Calcutta to conduct an enquiry into the allegations whether the petitioners had been wrorking continuously at the concerned Railway Stations and whether the work was of a perennial nature and if requirements of Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970 had been satisfied. We had confined the enquiry by the learned Assistant Labour Commissioner to such of the Parcel Porters, whose names and details had been furnished from pages 32 to 42 in the paper book of this Writ Petition.
(2) THE learned Assistant Labour Commissioner has conducted the enquiry and submitted a Report. We have perused that Report. We have also perused the objections filed by way of an affidavit on behalf of respondents 1 to 3.
(3) AFTER hearing learned Counsel for the parties and keeping in view the law laid down by this Court in National Federation of Railway Porters, Vendors, Bearers v. Union of India and in Raghavendra Gumashta v. Union of India & Ors., we consider it appropriate to direct as follows: All such Porters/Workers who may have been initially engaged through the Co-operative Societies but have been continuously working with the Railways for the last 10 years or more on different assignments shall be regularised and absorbed by the Railways subject to being found medically Fit and being below the age of superannuation (58 years).
(4) THE writ petition is ordered in the above terms. No costs.
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