EMPLOYERS MANAGEMENT OF DIVISIONAL RAILWAY MANAGER Vs. D K BHARTI, PRESENTLY BRANCH SECRETARY
LAWS(JHAR)-2010-7-145
HIGH COURT OF JHARKHAND
Decided on July 22,2010

EMPLOYERS MANAGEMENT OF DIVISIONAL RAILWAY MANAGER, CENTRAL RAILWAY Appellant
VERSUS
D K BHARTI, PRESENTLY BRANCH SECRETARY Respondents

JUDGEMENT

- (1.) In this writ petition the Petitioner has prayed for quashing the composite award dated 22.12.08. passed in Reference Case No. 34/98 and Reference Case No. 160/1999.
(2.) The following dispute was referred to the Central Government Industrial Tribunal No. 1, Dhanbad for adjudication: Whether the demand of the union for absorption/regularization of Shri Sipahi Paswan and 29 others (as per list attached) is justified in view of the decision of the Hon'ble Supreme Court of India in the case of National Federation of Railway Porters, Vendors and Bearers v. Union of India and Ors. If so, what relief the persons in question are entitled to
(3.) Both the parties appeared before learned Tribunal and filed their respective written statements. The concerned workmen sought their absorption/regularization on the ground that they have been working as Parcel Porters at Dhanbad Railway Station for a long time and they are entitled to be regularized and absorbed in Railway in view of the judgment of the Supreme Court in National Federation of Railway Porters, Vendors and Bearers v. Union of India and Ors. The concerned workmen claimed that they were listed as workers with their photographs and were engaged through the private contractor for perennial nature of work by the railway administration and are entitled for absorption/regularization in view of the aforesaid decision of Hon'ble Supreme Court, which the management of Railway is bound to implement.;


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