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1984 Supreme(Pat) 124

UDAY SINHA, S.B.SANYAL
Kailash Paswan – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners: Mr. Abhijit Sinha.
For the Respondents: Mr. A. B. Ojha.

JUDGMENT :

Satya Brata Sanyal, J. - The petitioners are employees of North Eastern Railway. They are casual labourers. They have been shut out from work. Their grievance is that the action of the respondent Railway authority is illegal and without jurisdiction. They pray for a writ of mandamus to allow them to work. The termination of their service by oral direction be ignored. They be given all consequential benefits. The illegalities alleged are non-compliance of section 25F of the Industrial Disputes Act, breach of chapter XXV of the Indian Railways Establishment Manual as amended by the Railway Board's Circular No. PO-72/P LT-69/3 (1) dated 12.7.73.

2. The petitioners work has been stopped from 15.8.1991. They were employed on various dates. It is said that they are in continuous service for more than 240 days. Their initial employment is as masons. On the date of the termination of their service, work of Khalasi was being taken from them. The dates during which the petitioners worked as mason and the dates from which they served as Khalasi are as follows:

As Mason

Petitioner No. 1. 16.7.80 to 15.3.81.

Petitioner No. 2. 21.7.80 to 15.3.81.

Petitioner No. 3. 24.10.80 to 15.3.81.

Petiti































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