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1977 Supreme(Cal) 64

SABYASACHI MUKHARJEE, M.M.Dutt
UNION OF INDIA – Appellant
Versus
Piru Kisku – Respondent


Advocates:
Advocate Appeared:
Ajoy Kumar Basu, Kanika Banerji, N.C.Chakravarti, S.K.Roy Chaudhary

JUDGMENT

1. IN this appeal, the respondents who are 77 is number, joined the services under the South Eastern Railway, as casual labourers (Gangman) and they have put in 6 to 12, years of continuous services in the said Railway under the permanent pay Inspector, Satragachi (East), in the district of Howrah. In view of clause (b) of the rule 2501 of Chapter xxv of the Railway Establishment Manual, the respondents having worked for more than six months without a break, have acquired the status of casual labour to be treated as temrary. There was a general strike in all the Railways which commenced in West Bengal from May 8, 1974 and continued till May 27, 1974 when it was called off, It is the case of the respondents that they could not attend their duties for reasons beyond their control. After the withdrawal of the general strike they reported for duties on May 28 1974, but they were not given any work by the authorities concerned without assigning any [reason. Subsequently, they received cyclostyled notices dated May 21, 1974 whereby their services were terminated under Rule 149 (1) of the Railway Establishment Code, Volume I. It was directed in the notices that they would be paid

















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