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1997 Supreme(SC) 1122

D.P.WADHWA, SUJATA V.MANOHAR
Union Of India – Appellant
Versus
K. V. Baby – Respondent


( 1 ) THESE appeals are filed by the Union of India and Southern Railway against the decision of the central Administrative tribunal, Emakulam bench, dated 28/10/1993 under which the tribunal has held that the respondents are entitled to regularisation in accordance with law and has held that they should be treated on a par with regular salaried bearers/waiters of the appellant, applying the principle of "equal pay for equal work".

( 2 ) THE respondents are Commission Bearers/vendors appointed on a contract basis by the Southern Railways. They are not paid any salary by the Southern Railways but are given a commission on the business transacted by them. In respect of similar Commission Bearers and Vendors working on the platforms of central Railway and South central Railway, this court, in the case of T. I. Madhavan v. Union of India directed that such persons employed on contract basis should be absorbed progressively in the Railway catering Service on a regular basis, as per paragraph 3 of the memorandum dated 13/12/1976 issued by the Joint Director, Traffic Commercial (C)II,railway Board, as and when vacancies occur. The court further directed that until all such persons are abs

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