R.M. Sahai, J. - (1.) Casual labourers of South Eastern Railway, alleged to have been appointed between 1964-69 and retrenched between 1975-78 have approached this Court for a direction to opposite parties to include their names in the live casual labourer register after due screening and give them re-employment according to their seniority. Further prayer is to restrain the opposite parties from filling vacancies from open market.
(2.) Basis of their claim is two-fold, one -circulars issued by the Railway Board on 8th June and 18th June, 1981 laying guidelines regarding recruitment, retrenchment and employment of the casual labourers; second - Judgments delivered by this Court in 1985 and 1987 directing the opposite parties to prepare a scheme and absorb the casual labourers in accordance with their seniority.
(3.) Issuing of circulars by the Railway Board or decisions by this Court could not and has not been disputed. Nor it is disputed that in pursuance of the orders passed by this Court the opposite parties framed a scheme in 1987 for employing retrenched casual labourers. On 2-3-1987 a letter was issued from the Railway Establishment addressed to the General Manager for employing casual labourer retrenched before 1981 if they satisfied the requirements mentioned therein which is extracted below: "Pursuant to directions given by the Hon'ble Supreme Court in their order dated 23-2-1987, in W.P. No. 332 of 1986, the Ministry desire that the cases of project casual labour who had worked as such before 1- 1-81 and who were discharged due to completion of work or for want of further work, may also be considered for the purpose of implementation of the scheme contained in the Ministry's letter of even No. dated 1-6-84 and 25-6-84 as modified in the letter dated 11-9-1986. Representation along with documentary proof reaching the office mentioned above after 31-3-1987 of those which are incomplete and also those not made with reference to these instructions, will not be considered.";