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SUPREME COURT
K. Ramaswamy, J
Union of India (Railway Board) and Others v. J. V. Subhaiah and Others
| Table of Content |
|---|
| 1. court grants leave, examining rights of cooperative employees. (Para 1 , 2 , 3) |
| 2. discussion on the statutory framework governing cooperative societies. (Para 4 , 5 , 12) |
| 3. court finds prior decisions unsustainable in law regarding employee classification. (Para 17 , 20 , 21) |
| 4. final verdict rules against claims of cooperative employees as railway servants. (Para 22 , 23) |
1. Leave granted in all the special leave petitions.
2. The respondents were admittedly appointed in Railway Employees' Consumer Cooperative Stores at Rajahmundry, Visakapatnam, Vijianagaram and Dharmavaram in South Central Railway. They filed different O. As. before the Central Administrative Tribunal (CAT), Hyderabad Bench seeking declaration that they are "regular Railway employees in Class III posts" and entitled to be paid regular salary for continuous service from the date of the respective appointments in the Societies and also consequential promotion, increments and payment of arrears of salary. The CAT, Hyderabad Bench following the decision of the Madras Bench delivered on June 29, 1990 in O.A. No. 305/88 allowed O. As. and gave the directions for grant of the reliefs referred to earlier
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