The Tribunal ruled that the applicants are entitled to regularization from their initial engagement date, aligning with precedents set by the Supreme Court, thus ensuring equal treatment under Articles 14 and 16 of the Constitution.

ORDER

Instant O.A. has been instituted for giving a direction to the respondents to give effect the applicants as Permanent Railway Parcel Poters with effect from their first day of joining as Substitute Parcel Porter alongwith the arrears of pay of that period. Facts of the case may be summarized as follows:-

2. Instant O.A. has been instituted on behalf of the 122 Substitute Parcel Porters and it has been alleged that these applicants had been working as Parcel Porter on contract for a longer period at Railway Stations under the command of the North Central Railway, Allahabad. The applicants had been performing the duties of the Railway in regard to load and unload the Goods in the train for twenty four hours in shifts of 8 hours. The applicants were treated as the workers on contract, but the compliance of all the orders concerning personnel of the Railway were made, which was contrary to the provisions of the contract Labour (Regulation and Abolition) Act, 1970. Then the applicants were having regular contact with the concerning official regarding matter of their regularization, but assurance was provided, without any fruit. That writ petition No. 277 of 1998 was filed before the Honble Supreme Court under Article 32 of the Constitution of India for 166 Railway Parcel Porters working on contract labour in certain Railway station of the Indian Railways had claimed for issuance of direction to the Union of India and Railway Administration for their permanent absorption. The Honble Supreme Court vide order dated 04th October, 1989 directed the Labour Commissioner, Uttar Pradesh to enquire as to whether the writ petitioners were contract labour working at Railway Station for several years as claimed by them and submit his report. The Labour Commissioner, Uttar Pradesh, hold an elaborate enquiry after affording opportunity to the contesting parties in the writ petition to have their say, submitted their report dated 17th October, 990 and in view of the report the Honble Supreme Court allowed the writ petition on 15th April, 1991 and directed the Railway Administration to treat the petitioners as regular parcel porter w.e.f. 15th April, 1991 and to grant the same salary which is being paid to the regular parcel porter. Even after this judgment of the Honble Apex Court the respondents have filed another writ petition (civil) No. 507 of 1992 with writ petition No. 415 of 1992, 82 of 1993 and 838 of 1992 which was decided and allowed on 09th May, 1995. But even after direction of the Honble Supreme Court respondents had not complied with the order and, there after again the applicant filed a writ petition (civil) Nos. 568 and 711 of 1995 and was decided on 08th July, 1996. And in compliance of the judgment of the Honble Apex Court the respondents have provided the position of Substitute Parcel Porter and not as Regular Parcel Porter in the subsequent writ petition also the Honble Supreme Court laid down the same principle. Letters were issued in favour of the applicant. That although, the duties and liabilities are fixed like permanent Railway employees, but applicants are not paid the salary and monitory benefits, as to be paid to a regular employee. In view of the judgment of the Honble Apex Court applicants are entitled for permanent parcel porter and not as Substitute Parcel Porter. Earlier O.A. was filed before this Tribunal and in view of the direction representation was decided, but the status of permanent parcel porter was not granted to the applicants.

3. Respondents contested th