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1985 Supreme(Pat) 290

S.S.SANDHAWALIA, B.P.JHA, S.B.SANYAL
Bindeshwar Sah – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the petitioners in both cases: M/s B.C. Ghose Swaraj Kumar Ghose and Abhijit Sinha.
For the respondents in both cases (Railways): Mr. Ajay Upadhaya.

JUDGMENT :

S. S. Sandhawalia, C. J. - In this set of two connected writ petitions it becomes unnecessary to delve into details for reason given hereinafter. The facts being closely similar-if not identical-may be noticed with brevity from C.W.J.C. no. 1515 of 1982.

2. The forty four petitioners herein were employed as casual labourers in the project of the conversion of the meter guage line into broad guage line from Sonepur of Barabanki in Varanasi Division of the North Eastern Railway. They claim to have been continuously so employed from different dates in year 1980. Their services were terminated with effect from the 15th April, 1982 by the impugned ORDER :of the Executive Engineer dated the 15th of March; 1982 (vide annexure 1). Aggrieved thereby the present writ petition has been preferred on the 14th April, 1982, primarily invoking the contravention of section 250 and 25H of the Industrial Disputes Act. Later, the North Eastern Railway Mazdoor Union had prayed to be added as one of the petitioners to the "Hit application which was allowed by the ORDER :of this Court on the 14th of February, 1985.

3. These two petitions had originally come up for hearing before a Division Bench


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