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2003 Supreme(Mad) 1628

R.JAYASIMHA BABU, P.K.MISRA
The Southern Railway Mazdoor Union – Appellant
Versus
The Railway Board & Others – Respondent


Advocates Appeared:For the Petitioner:R. Krishnamoorthy, & R. Muthukumarasamy, Senior Counsel, assisted by A. Jenasenan. For the Respondents:R1 & 2, V.T. Gopalan, Additional Solicitor General for V.G. Suresh Kumar, R3 S. Sampath Kumar, Senior Counsel, assisted by Sampath Kumar Associates, R4 A. Thiagarajan R5 A.L. Somayaji, Senior Counsel for Sethuraman, R6 R. Gandhi, Senior Counsel, for R.G. Narendran, R7 Mohan Parasaran, Senior Counsel, for G.K. Muthukumar, R8 R. Vaigai, Advocates.

Judgment :-

R. Jayasimha Babu, J.

The Indian Railways said to be the largest single employer in the country with about sixteen lakh employees, presently incurs a staggering annual expenditure of Rs.24.03 crores on about 22,283 office bearers of the labour unions recognised by it at various levels in it's nine Railway zones. There are two recognised unions at each level, with numerous office bearers all of whom are given free facilities of various kinds. The money value of facilities provided to them in the form of free passes (for many by first class) is Rs.6.04 crores; the money value of special casual leave - Rs.12.23 crores; money value of free telephones - Rs.1.64 crores; money value of free accommodation - Rs.3.87 crores; and the money value of TA/DA Rs.21.70 lakh. With effect from 01.04.2003 the number of Railway Zones have been increased to 16.

2. Recognition given to these unions is by reason of their having thirty per cent or more of the non gazetted employes as their members, that norm having been prescribed on 28.10.1985 pursuant to the recommendation made by the Railway Reforms Committee. Prior to 1985, the norm was 15 per cent as prescribed on 19.09.1961. Exclusivity of








































































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