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1992 Supreme(All) 927

M.L.BHAT
Deputy Chief Mechanical Engineer, Northern Railway – Appellant
Versus
Zonal President Uttar Railway Karamchari Union – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Lalji Sinha

JUDGMENT :

M. L. BHAT, J.

1. This writ petition is directed against the award of the Respondent No. 2 dated 12-12-1988 by which a direction was given to the Petitioner that the services of one Raghunath Prasad, a workman of the Respondent No. 1 Union, should be regularised with effect from 8-3-1974 and he should be given tie benefit of service from 9-3-1974 as Typist. The facts relevant for the decision of this writ petition are Section out hereunder.

2. The workman was a member of the Respondent No. 1 Union. The Respondent No. 1 espoused his cause before the Central Government, Ministry of Labour who vide their notification dated 9-8-1987 referred the following question for decision of the Respondent No. 2 :

Whether the action of the management of Dy. C.M.E. Northern Railway in not regularising the services of Sri Raghunath Prasad, Typist and not giving him seniority w.e.f. March, 1971, is justified? if not, to what benefits the workman concerned is entitled.

3. The workman's case was that he was appointed as a open on 27-1-1955. He is said to have been promoted to the post of English Typist on 9-3-1971 and was being paid incentive of Rs. 20/- per month. The workman alleged that the Ge















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