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2023 Supreme(Raj) 538

REKHA BORANA
Union of India through General Manager, North Western Railway, Jaipur – Appellant
Versus
Regional Labour Commissioner (Central), Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Kamal Dave, Ramniwas Haniya.
For the Respondent: Surendra Thanvi.

JUDGMENT :

REKHA BORANA, J.

1. The brief facts of the case are that a writ petition under Article 226 of the Constitution of India bearing No. 433/1998 and other writ petitions came to be filed before Hon’ble the Apex Court by All India Railway Parcel & Goods Porters’ Union wherein a prayer was made by porters to treat them as permanent employees of the Northern Railway and the Hon’ble Supreme Court passed the following order:

    “34. We have carefully examined the report of the Assistant Labour Commissioner, the findings recorded therein and the counter-affidavits, reply affidavits and rejoinder filed by the respective parties. The facts disclosed in the report and the findings recorded in regard to the perennial nature of work cannot be overruled. Though we have heard at length both the parties, the learned Additional Solicitor General appearing for the Railway Administration was not able to point out to us any valid reason as to why the present writ petitions should not be allowed in terms of the order dated 15.04.1991 made by this Court in similar Writ Petition No. 277 of 1988, particularly when in the matter of absorption of contract labour by a public undertaking on a permanent reg

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