There is no employer-employee relationship between the cooperative store workers and railway management, negating claims for regularization and statutory recognition as railway employees.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The writ application has been preferred challenging the award dated 13.02.2018 passed by the Central Government Industrial Tribunal in Reference no. 99 of 2006.

2. The petitioners were all working as quasi-employees/workmen in the Non statutory recognized canteen under the name and style of Asansol Railwaymen's Cooperative stores Ltd. (Canteen) located in the Railway premises at Station road Asansol and at Hutton road Asansol.

3. The two wings of the said Canteen, one at Station Road, Asansol and the other at Hutton Road, Asansol was locked up by the Railway Management on 19.12.2005, forcibly, without notice and by assaulting the workmen working in the canteen engaging RPF Railways. This was because the quasi workers of the aforesaid wings of the said canteen were on relay hunger strike demanding regularisation of quasi workers, the petitioners herein, in Railway service. Notice was served to the Railway Management by the Union, the petitioners here-in and copies were submitted to R.L.C. (C) Regional Labour Commissioner (Central). While quasi workers were on relay hunger strike, a big force of RPF along with Railway Officials forcibly entered the Canteen Premises on 19.12.2005 and threw out all the cooked food materials, utensils, furnitures on the roadside and arrested the Union leaders and workmen who were on Relay Hunger Strike. Conciliation failed, industrial disputes raised and a reference was made by the Central Government being Reference No. 99 of 2006 and the schedule/issue is as follows:-

“The Schedule

“Whether the following demands of the Eastern Railway Quasi Employees Union, Asansol raised against the management of DRM, Eastern Railway, Asansol Division are proper and justified:

i) For treating the Asansol Railwaymen’s Co-operative store Ltd., as non-statutory recognized canteen.

ii) For treating the lockout of Asansol Railwaymen’s cooperative store Ltd. as illegal and;

iii) Non absorbing /regularizing the services of the employees engaged by Asansol Railwaymen’s Cooperative Store Ltd. If so, what relief the concerned applicants /Union is entitled to?”

4. The learned Central Government Industrial Tribunal (CGIT), the respondent No. 8 to the writ petition decided all the three issues referred to in the above mentioned reference in the negative and passed an ‘Award’. The real issues raised in the reference are not decided on existing facts and was not in accordance with law.

5. Being aggrieved, the writ petition has been preferred on the grounds that:-

i) The learned Central Government Industrial Tribunal (CGIT), the respondent No. 8 to the writ petition decided all the three issues referred to in the above mentioned reference in the negative and passed an ‘Award’. The real issues raised in the reference were not decided on existing facts and in accordance with law.

ii) The Railway Administration treated the "said Canteen" as non-statutory recognized canteen at par with the statutory canteen, as it would be evident that 6 (six) quasi workers were chosen from Non-Statutory Canteen, Asansol Railwaymen's Cooperative store Ltd (Canteen) referred to as the "said canteen" and were absorbed permanently in Railway service.

iii) The employer employee relationship between the Management of Divisional Railway Manager, Eastern Railway, Asansol and the petitioners, having been established, the petitioners are entitled to be absorbed in Railway Service.

Therefore the finding of the tribunal on employer-employee relation is liable to be set aside/quashed.

6. It is further stated by the petitioner that:-

i) The Railway management eng