Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Services |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Civil Services: Indian Railways Establishment Manual : Chapter XXIII and Rule 2304 -Casual labour-Temporary Railway servants status- When to be accorded-Regularisation and payment of back wages- Directions issued. The respondents were employed as Casual Labour in the Construction Division of the Northern Railways and their services were terminated by oral order. The respondents made a representation that they had been working continuously for more than 120 days and as such were entitled to the status of temporary Railway servants. Since there was no response to their representation, the respondents approached the Central Administrative Tribunal. They relied on a letter dated 29.12.78 issued by the General Manager, Northern Railway. As per the letter and the earlier instructions, casual labourers whether employed on project or otherwise who bad completed four months' continuous service were required to be considered by the Employment Screening Committee for absorption against Class IV posts. The Tribunal gave its finding that since the respondents had worked for more than 120 days, they would be deemed to have acquired temporary status, and that the termination of their services without notice was violative of Rule 2304 of the Indian Railways Establishment Manual. Thus, the Tribunal quashed the termination orders and directed that the respondents should be reinstated and posted either In the same zone or anywhere else depending on the availability of work, and absorbed against regular class IV posts as per rules. The Union of India has preferred the present appeal by special leave, challenging the Tribunal's order. On behalf of the appellants it was contended that in case the respondents were employed in the construction work on the open line then they would acquire a temporary status after continuous employment of 120 days, and since they were employed on a project work they could acquire temporary status only after completing 360 days of service. |
Judge | Hon'ble Mr. Justice N.M. Kasliwal |
Neutral Citation | 1992 INSC 49 |
Petitioner | Union Of India And Ors. |
Respondent | Basant Lal And Ors. |
SCR | [1992] 1 S.C.R. 823 |
Judgement Date | 1992-02-18 |
Case Number | 847 |
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