NATIONAL FEDERATION OF RAILWAY PORTERS VENDORS AND BEARERS Vs. UNION OF INDIA

JUDGEMENT

(1.) In a writ petition, W.P. No. 277 of 1988, filed in this Court under Article 32 of the Constitution of India 166 Railway Parcel Porters working on contract labour in certain Railway Stations of Indian Railway had claimed for therein issuance of directions to the Union of India and its Railway Administration for their permanent absorption by Indian Railways as Railwat Parcel Porters on a regular basis. When the claim in that writ petition was contested by the Union of India, Railway Administration and Societies of Railway Employees, this Court by its Order dated October, 4 1989 directed the Labour Commissioner. Uttar Pradesh to enquire as to whether the writ petitioners were contract labourer working in Railway Stations for several years as claimed by them and submit his report. Pursuant thereto, the Labour Commissioner, Uttar Pradesh, who held an elaborate enquiry after affording opportunity to the contesting parties in the writ petition to have their say, submitted his report dated October 17, 1990 to this Court. This Court, which examined the findings recorded in the said Report of the Labour Commissioner with reference to the arguments of learned counsel for parties, decided the writ petition by its Order dated April 15, 1991, the material portion of which read:-

(2.) In the present writ petitions the prayers of the petitioners, who are working as Railway Parcel Porters in Railway Stations of Northern Railway, North Eastern Railway and Eastern Railway on contract labour is that their writ petitions also should be disposed of in terms of the order dated 15th April 1991 made by this Court in the aforesaid writ petition filed by Railway Parcel Porters who were in no way different from them.

(3.) Taking into consideration the nature of prayer in the present writ petitions, this Court made an order therein on November 30, 1992, which read thus: