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1972 Supreme(Cal) 95

S.K.Datta
Sitaram – Appellant
Versus
Bridge Inspector Eastern Railway Howrah – Respondent


Advocates:
Advocate Appeared:
N.C.Chakravarti, S.K.Roy Chaudhary, S.N.Ganguly

JUDGMENT

1. THE petitioners in Civil Rule No. 5701 (W) of 1968 who are skilled, semiskilled and unskilled workmen, were recruited as casual labourers in different categories under the Bridge Inspector, Eastern Railway, Howrah. According to the case made in the petition though they were recruited during period ranging from 1955 to 1963 and completed much more than six months' service, they have been always and are still treated as casual labourers in violation of the Railway Board Circular of 22. 8. 62 which provided that workmen having six months' continuous service are to be treated as being in temporary status with all benefits attached thereto. The right of the casual labour to be treated as such have been embodied in Chapter XXV of the Indian Railway Establishment Manual (hereinafter referred to as Establishment Manual) as revised from time to time, which was substituted by the above circular in place of the existing Chapter XXV. The provisions of the said chapter have been given full effect in case of others in the same department but have been disregarded and flouted by the authorities in the case of the petitioners even though they have completed more than six months' continu































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