- (1.) HEARD counsel for the parties and perused the record. The petitioner has prayed for quashing of the judgment and order dated 12.4.2001 passed by the Central Administrative Tribunal, Allahabad in Original Application No. 1169 of 1997 as well as issuance of a writ of mandamus commanding the respondents to re engage the petitioner and regularize his service with consequential benefits.
(2.) PETITIONER Hasan Khan, claimed to have worked for 546 days as casual labour with the Railways in broken spells of periods i.e. from 28.7.1977 to 18.9.1977, 21.5.1978 to 18.9.1979, 3.10.1980 to 18.4.1981 and 26.9.1981 to 18.3.1982. He filed claim vide Original Application No. 1169 of 1997, before CAT Allahabad on 28.10.1997, praying for a direction to the respondents to re engage him and regularize his services.
(3.) SUBMISSION of the petitioner applicant before the Tribunal was that as the applicant had worked for a long time as casual labour, his name was required to be mentioned in Live Casual Labour Register and his non engagement is a continuing cause of action, therefore, the Tribunal has wrongly dismissed the OA as being time barred. Claim of the petitioner before the Tribunal was vehemently opposed by the department on the ground of limitation as highly belated having been filed after 15 years from the date the cause of action arose. The case of the department before the Tribunal was that in view of the limitation prescribed under section 21 of the Central Administrative Tribunals Act, 1985, claim of the petitioner was liable to be dismissed on the ground of limitation alone.;