THE HON’BLE SRI JUSTICE M.GANGA RAO WRIT PETITION No.13809 OF 2002

ORDER:

South Eastern Railway Licensed Porters Union (Regd.No.D/1030/89), Visakhapatnam, represented by its General Secretary Sri B.Nageshwar Rao, filed this Writ Petition seeking to issue a Writ of Mandamus declaring the action of the respondents in trying to change the system of engaging the licensed porters for loading and unloading parcels and luggages under their direct control into some other system to remove the members of the petitioner Union without providing any alternative arrangements to the licensed porters and not absorbing the licensed porters as regular employees, as illegal, arbitrary, unjustified and violative of fundamental rights guaranteed under Article 14 and 16 of the Constitution of India and consequently to direct the respondents to continue the members of the petitioner Union for handling parcels.

The case of the petitioner is that the members of the petitioner Union, who are the licensed porters, are handling passengers’ luggage as well as loading and unloading of the Railway parcels and luggages to and from the brake vans. The Government of India brought the loading and unloading of the parcels in the Railway Stations under the scheduled employment of Minimum Wages Act, 1948 (for short ‘M.W.Act’). Prior to 1947, the work of loading and unloading of parcels and booked luggages in addition to carrying of the luggage of passengers was done by local labourers, who were supplied by the private contractors. The contractor was selected by tenders. In the year 1952, the system of engaging the local labourers through the contractor was discontinued and the system of licensed porters was introduced and they were allowed to handle the passengers’ luggage. Through letter No.409-TG dated 01.05.1947, the de-casualisation scheme of licensed porters was introduced at Kharagpur w.e.f.01.03.1948 on a trial basis. The main purpose of the scheme was to eliminate private contractors and the element of middlemen’s profit and to run the organization of licensed porters on ‘no profit no loss’ basis. The system was introduced w.e.f.01.04.1952. The licensed Porters are appointed by the respondents directly and engaged in handling of booked parcels and luggages as well as passengers’ luggage under the direct supervision of respondents on payment of local casual labour rates as fixed by the civil authorities. Recently, the system of engaging licensed porters for loading and unloading of parcels and luggages under the Railway control was being changed into contract labour system which was abolished in the year 1952. It is urged that the system of engaging labour for loading and unloading purpose through contractors should not be introduced and the engagement of members of the petitioner Union, licensed porters, should not be discontinued and they shall be paid minimum wages. They submitted a representation on 22.07.2002 requesting not to change the system of direct recruitment of licensed porters by Railway Administration into Contract Labour System which was abolished in the year 1952 and that the licensed porters may be permitted to continue loading and unloading of passengers’ luggages, parcels and booked luggages in various railway stations under Waltair Division.

The respondents filed a counter affidavit stating that prior to issuance of letter No.409-TG dated 01.05.1947 by the Railway Board, the porters were given licenses by the contractors/Jamedars for the purpose of carrying the passengers’ luggage. After issuance of letter dated 01.05.1947, the respondent-Railway is issuing licenses to the porters for the purpose of carrying passengers’ luggage. The letter dated 01.05.1947 stipulates that there should be a strict rotation so that the earnings of individual porter from handling of passengers’ luggage are not adversely affected. The Railway Administration has been doing the upward revision of the porterage charges and publishing the same from time to time f