BHARAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed under Article 32 of the Constitution of India and the petitioners seek a direction to the respondents to regularize their services from the date of their appointment, as scheduled in Annexure P1.

(2.) The case of the petitioners is that they were working as Parcel-Porters of Eastern Railways and they filed a writ petition, being Writ Petition (C) No. 385 of 2002 on the file of this Court seeking regularization of their services as Parcel-Porters and this Court was pleased to allow the writ petition on 29.08.2003 in terms of the decision in All India Railway Parcel & Goods Porters' Union Vs. Union of India and Others, reported in (2003) 11 SCC 590, wherein this Court issued certain directions enumerated as (1) to (11) in Paragraph 34 of the Judgment and as per Direction No. 2, the respondents should absorb them permanently and regularize their services and the same was not done.

(3.) According to the petitioners, they filed contempt petition against the respondents on 05.09.2005 and this Court had granted them liberty to move the Labour Commissioner in the first instance and seek appropriate remedy in the event, if they are aggrieved by the order of the Labour Commissioner. An enquiry was conducted by the Regional Labour Commissioner, Patna as per the directions of this Court in the Judgment referred to above and he declined either to regularize or absorb the petitioners on regular basis by his order dated 27.03.2008.