1. Rule. Returnable forthwith. Heard finally by consent of parties.

2. The petitioners South East Central Railway, Nagpur, has taken exception to the judgment and award dated 20th March, 2008, passed by Presiding Officer, C.G.I.T - cum - Labour Court, Nagpur in Case No. CGIT NGP 36/42.

FACTS

3. Appropriate Government had made two references containing two lists of 63 AND 143 workmen with the CGIT Cum Labour Court (for brevity hereinafter referred to as “Tribunal’). Upon consolidation thereof, the tribunal took up the same for adjudication. The gist of the reference by and large was whether these persons claiming to be parcel porters were workman under Section 2(S) of the Industrial Disputes Act and whether they could be regularized as Railway employees. The Union which represented the workmen, namely the General Secretary, Parcel Porter Sanghatana, S.E.Railway, Nagpur Division, Motibag, Nagpur-12, filed its statement of claim through one Manish Saxena, in two sets with almost the same pleadings and who had also given his evidence. It was the case of the Union that Railways undertake a systematic activity for production, supply or distribution of goods or services with