Bimal Chandra Basak, J. - (1.) This is one of the cases where the Indian Railways not only act in violation of law but there is delay and laches on the part of its officers. Even after they are given an opportunity to rectify the defects in order to minimise the work, they do not avail of the same.
(2.) The facts of this case are shortly as follows: The petitioners were employed under the South Eastern Railway of the Indian Railways as Casual Labourers on diverse dates between 13th Aug-1973 and 4th Nov. 1973. Upon completion of the requisite period of continuous service, they were given temporary status including regular scales of pay and allowances. They claim that they were workmen within the meaning of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act'). It is stated that on 8th April 1975, the respondents caused a notice dated 22nd Mar. 1975 to be hung up at the respective offices of the respondent Nos. 2 and 3. The said notice has been made annexure A' to the petition wherein it is stated that the services of the petitioners were no longer required by the Railway Administration from the afternoon of 23rd April 1975 due to closing down of the work. It is stated in the petition that the said notice was not served on the petitioners Personally. The said notice was hung up in the offices on the evening of 8th April 1975 and was noticed by the petitioners on the 9th April 1975. They have also been refused to be paid any compensation under the said Act. Accordingly, the said order of retrenchment is a nullity and they continue in the services of the respondents.
(3.) On behalf of the respondents, an affidavit has been affirmed which states as follows:- "In or about the month of March 1975 it was decided by the authorities to stop immediately the welding work by M/s. Hindusthan Aluthermies in the Kharagpur Division for administrative reasons and accordingly termination notices were issued in respect of the labourers concerned including the petitioners with effect from 24th Mar 1975 and bills were prepared for one Month's notice pay as well as compensation payable to them under the relevant provisions of law. In the meantime, an intimation was received from India Thermit Corporation that they would be taking up welding work in the Kharagpur Division shortly. In view of the said intimation the termination notices which were to come into effect on and from 24th Mar. 1975 were treated as cancelled and accordingly were not given effect to. Thereafter, India Thermit Corporation failed to turn up for doing necessary welding work and as such the labourers including the petitioners were kept engaged for doing the residual work. With the completion of the residual work and there being practically no other work which could be allotted to the petitioners, the notice in question had to be issued. Along with the said notice arrangements were made for simultaneous payment of all dues payable to them including the pay for the requisite notice period and compensation under the relevant provision of law. I state that the petitioners have no right to remain in employment under the Railways and in kind of the facts and circumstances stated hereinabove the Railway administration had to issue termination notice." It is further stated in para. 11 of the said affidavit as follows: "Along with the notice hung up in the Notice Board arrangements were made for payment of wages for the period of the Notice and compensation in accordance with the relevant provisions of law." Similar is the stand taken in the application made by the respondents for variation or vacating the interim order.;