Back
M. R. SHAH, B. V. NAGARATHNA
Union of India – Appellant
Versus
Munshi Ram – Respondent
JUDGMENT
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 21.11.2019 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 4535/2019 and other allied writ petitions, by which the High Court has allowed the said writ petitions preferred by the respective private respondents herein and has set aside the orders passed by the Central Administrative Tribunal and thereafter directed the appellants – Northern Railway to count 50% of their service as Commission Vendors, prior to their absorption, as “qualifying service” for grant of pensionary benefits, the Union of India (Northern Railway) and others have preferred the present appeals.
2. Catering service in Northern Railways prior to 1955 were being managed through private contractors. Subsequently, the departmental catering and vending services were started and the erstwhile staff of the private contractors was taken as Commission Vendors. All Commission Vendors were paid commission on sales turn over achieved by them instead of paying regular salaries. Thereafter, a
(1) Commission Vendors/bearers working in Northern Railway are entitled to have 50% of their services rendered prior to their regularization to be counted for pensionary benefits like other office be....
Commission Bearers/Vendors in Railways entitled to count 50% pre-absorption service as qualifying for pensionary benefits on parity across all Zones under Articles 14/16, as affirmed by Supreme Court....
50% of Commission Bearers' pre-absorption service counts as qualifying for railway pensionary benefits per Rule 24.
The Tribunal affirmed the right of applicants to count 50% of their prior service as Commission Bearers towards pensionary benefits, grounding its decision on established precedents.
The court upheld the decision to count prior service for pension eligibility as per precedent, reinforcing employee rights.
Casual labourers granted temporary status and regularized entitled to 50% casual service and 50% temporary service counted as qualifying for pension, per later Supreme Court judgment superseding prio....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
