JUDGMENT :

SOUMITRA SAIKIA, J.

1. This review petition is directed against the Order dated 05.01.2022 passed by this Court in W.P. (C) No. 4841/2021 whereby the writ petition preferred by the review petitioner was dismissed.

2. The facts in brief are that the review petitioner is a registered Trade Union and its members are employed under the Northeast Frontier Railways. In pursuance to an order/instruction of the Railway Board, Ministry of Railways, Government of India dated 03.05.2006 which was in respect of recruitment in Group-D category posts in the railways from the Staff working in quasi-administrative office/organization connected with the Railways, wherein it was decided that the Railways with the approval of the General Manager may consider absorption of those staff of quasi-administrative offices/ organizations who were on roll as on 10.06.1997 and are still on roll subject to fulfillment of other conditions as laid down in the Board’s letter.

3. In pursuance to the said order/instructions dated 03.05.2006, in the year 2010 on the request of two quasi-administrative offices/organizations of the NF Railways namely, N.F Railway Employees’ Union and the N.F. Railway Mazdoor Union, sixty-eight employees were appointed. The petitioner Union also submitted a list of 24 employees for absorption in the Indian Railways which however, was denied by the Railway Authorities. Being aggrieved, the petitioner Union approached the CAT, Guwahati by filing Original Application being OA No. 040/00123/2014. The Tribunal vide its order dated 03.07.2015 directed the Railway Authorities to consider the case of the members of the petitioner Union for absorption in Group-D service as per the instructions of the Railway Board. Being aggrieved, the Railway Authorities challenged the order of the CAT, Guwahati before this Court by filing a writ petition being W.P. (C) No. 7709/2015. The said writ petition came to be dismissed by order dated 05.01.2016. Thereafter, the Railway Authorities by an order dated 17.02.2016 referring to the order of the CAT, Guwahati dated 03.07.2015 as well as the order of this Court dated 05.01.2016 in W.P. (C) No. 7709/2015 arrived at a decision that, as a one-time measure, the employees in the quasi-administrative offices or the organizations shall be considered for appointment in Group-D posts, who were in the roll of such an organization for at least for a period of three years as on 10.06.1997. The Railways intimated all concerned to send their names and details of the staff working in quasi-administrative offices or organizations who fulfilled the prescribed qualification and were within the prescribed age limit. The review petitioner/Union was not intimated by the Railways to submit any such names as according to the Railways, the Union is not a quasi-administrative offices or organizations of the Indian Railways. Regarding the status of the review petitioner/Union, it was stated by the Railways that the Purbanchaliya Rail Karmi Parishad (hereinafter referred to as “PRKP”) namely the review petitioner, was not an organization having the status of a recognized Trade Union in the Railways. It had contested in Secret Ballot of the Railways in the year 2013 and received only 0.9% of the total votes cast, which was much below the required bench mark of 30% necessary for recognition as Trade Union in the Railways. Out of the total valid votes cast of 53,994, the PRKP Union had received only 577 votes and therefore, the Railways had not granted any status of quasi-administrative offices or organization to the PRKP and therefore, the staff engaged by PRKP cannot be considered for absorption in Group-D post of the Railways.

4. This order of the Railways came to be challenged before the CAT, Guwahati by the review petitioner by an Original Application being O.A. No. 040/00205/2016. The CAT, Guwahati vide order dated 02.12.2019 came to the conclusion that the PRKP is not a quasi-administrative offices or organizations in the