- (1.) LEAVE granted.
(2.) EASTERN Railway Administration of Union of India is before us aggrieved by and dissatisfied with a judgment and order dated 20. 4. 2005 passed by a Division Bench of the Calcutta High Court in WPCT No. 365 of 2004 and WPCT No. 840 of 2004 dismissing the writ petitions filed by appellants from a judgment and order dated 3. 6. 2004 passed by the Central administrative Tribunal in Original Application No. 1254 of 2000 and 10th february 2004 passed by the Tribunal in Original Application No. 1458 of 1997. The short question which arose for consideration before the Tribunal and consequently before the High Court, was whether the recommendations of the Fifth Central Pay Commission could have been extended in favour of respondents herein with effect from 18. 2. 2000 in stead and in place of 1. 10. 1996; and whether their claim for fixation of pay scale with effect from 1. 1. 1996 was justified. Respondents were appointed as Time Keepers in different workshops belonging to the Eastern Railway Administration. Other Railway administrations also have similar workshops. Time Keepers, although are recruited in the clerical grade, in view of this Court's decision in Works manager, Central Railway Workshop v. Vishwanath and Ors. [air 1970 SC 488] are to be treated as workers under the Factories Act, 1948.
(3.) RESPONDENTS appointed as Time Keepers at Liluah and Kancharpara workshops were, however, being treated as Clerical Grade employees. Indisputably, the concerned workers filed an Original Application before the Central Administrative Tribunal, Calcutta Bench, which was marked as t. A. No. 1585 of 1996, praying, inter alia, for the following reliefs : "i) That a separate cadre and a separate seniority list for the Time Keepers of the liluah Workshop be maintained and the time Keepers should not be transferred to the post of Clerks. (ii) For rescinding and revoking the order dated 14. 7. 1985 (Annexure-B to the petition) for transferring petitioner Nos. 1, 2 and 11 from time Officer to clerical side. (iii) To pass an order of injunction restraining the respondents from transferring petitioner nos. 1, 2 and 11 from Time Office to the clerical side. " It was allowed, opining : "we find that no records of Kharagpur Workshop, s. E. Railway, Diesel Locomotive Workshop, varanasi or C. L. W. as stated in the reply were produced during hearing to demolish the case of the applicants that the Time Keeprs are treated as a distinct cadre with separate seniority, promotion and transfer lists. In view of the admission made by the official respondents in this respect in the unreported judgment of this Tribunal, mentioned above, that except in Eastern Railway, Time keepers are treated as a separate cadre, there could be no doubt about the authenticity of the statements made by the applicants in this petition on this point. Annexure `b' to the reply whereby the respondents wanted to establish that applicant nos. 1, 3, 4, 7, 8 and 11 refused to be Time keepers on 26. 8. 84 has no legal consequence in view of the decision of the Supreme Court referred to above, holding that the nature of the duties discharged by the Time Keepers bring them within the purview of `worker' under the Factories Act, 1948. Under the circumstances, the alleged refusal cannot change the legal position. We are bound by the decision of the Supreme court and the judgment of our Bench dated 11. 5. 90. In view of the findings of the Supreme court that Time Keepers are `workers' within the meaning of Factories Act, 1948 for all practical purposes, the authorities of Eastern Railway are not permitted to treat the Time Keepers in the manner they have been treating them. " The Tribunal, on the basis of the said findings, issued the following directions : "on careful consideration of the facts and circumstances of this case and the submissions of the counsel for the parties to the proceeding, we quash the order of transfer dated 14. 7. 85 of the applicant Nos. 1, 2 and 11. We also direct the official respondents herein to treat the Time keepers in the Eastern Railway, Liluah Workshop or elsewhere in a similar manner as is being done by Kharagpur Workshop, S. E. Railway, Diesel locomotive Workshop, Varanasi and C. L. W. as a separate cadre regarding seniority, confirmation, promotion and transfer etc. and allow them all other benefits admissible to them under the factories Act, 1948 and all these must be finalized and our direction be implemented within six months from the date of communication of this order. " It furthermore observed : "the Eastern Railway, being one of the biggest employers, we hope that this decision will be treated as passed on a representative suit and the directions given in this application be made available to the Time Keepers who are similarly circumstanced but are not parties to this proceeding. The Railway, as a model employer, will try to prevent the Time Keepers from coming to this Tribunal for obtaining similar reliefs repeatedly and thereby prevent wasting public money in fighting out futile litigations. The country is passing through serious economic crisis and all unnecessary and useless expenses should be prevented by taking reasonable steps whenever necessary. " Indisputably, pursuant to or in furtherance of the said observations, options were obtained from them as to whether they would continue as clerical grade staff or workmen. They were treated to be workers under the factories Act. A separate seniority list started to be maintained. A different cadre was created. By an order dated 28. 10. 1991, it was directed : "the existing staff of Mech. /elect. Deptt. Attached to Time office should be treated as one unit and in one seniority group. If anyone of the time office staff except the petitioners desires to get merged with clerical group of staff on their own volition in writing, there should be no cause for rejection. " ;