UNION OF INDIA Vs. PRESIDING OFFICER CENTRAL GOVERNMENT LABOUR COURT

JUDGEMENT

(1.) By this writ petition under Articles 226 and 227 of the Constitution of India, the Union of India through the General Manager, Northern Railway, New Delhi, seeks the quashing of the order dated 18th October, 1984 passed by the Presiding Officer, Central Government Labour Court, New Delhi in LCA No. 188/83.

(2.) There are 47 writ petitions and though the dates and amounts claimed may differ, the points in issue are the same. The impugned order has been passed in each case by Mr. 0.P. Singla and his conclusions and reasons for arriving at them are identical. Consequently, this judgment will cover all the cases.

(3.) The petitioner started working with the Northern Railway on 26th September, 1977. "was employed as a casual labourer underchief Singal and Telecommunication Engineer (Construction), Northern Railway (to be referred to hereinafter in short as "CSTE (Con)"). He was employed for more than 120 days and consequently claimed Rs. 575. 15P as balance payment for the period 28th January, 1978 to 28th March, 1978 on the basis of the scale rate of Rs. 196-232 instead of daily rate wages paid to him. According to him he was entitled to be treated as a temporary workman on completion of 120 days work and to emoluments on that basis. His stand is that he was transferred from place to place and was a casual labourer on open line and not a casual labourer on a project.