Bilas Sarkar and Others Vs. Union of India and Others
EmailAppeal: Civil Appeal No. 9377 of 1995
Petitioner: Bilas Sarkar and Others
Respondent: Union of India and Others
Apeal: Civil Appeal No. 9377 of 1995
Judges: S.C. AGRAWAL & G.T. NANAVATI, JJ.
Date of Judgment: Oct 30, 1996
Head Note:
SERVICE LAWS
Railway Services – Regularisation of licensed porters as Group D employees – Appellant porters sometimes working as independent persons for the Railway administration on mutually agreed remu-neration – Whether could be regularised as Group D employees. Held appellants could not be considered to be casual employees and as there was no master and servant relationship they cannot be regularised as railway employees or as casual labourers or substitutes.
Railway Services – Regularisation of licensed porters as Group D employees – Appellant porters sometimes working as independent persons for the Railway administration on mutually agreed remu-neration – Whether could be regularised as Group D employees. Held appellants could not be considered to be casual employees and as there was no master and servant relationship they cannot be regularised as railway employees or as casual labourers or substitutes.
JUDGEMENT:
ORDER
1. This appeal is directed against the judgment of the Central Administrative Tribunal, Calcutta Bench (hereinafter referred to as “the Tribunal”) dated 6-9-1993 in OA No. 815 of 1989 whereby the Tribunal has dismissed the said application which was submit-ted by the appellants, who are licensed porters at Bankura Rail-way Station, to seek regularisation as Group D employees in the Railways.
2. We have heard Shri Raj Kumar Gupta, the learned counsel for the appellants and Shri P.P. Malhotra, learned Senior Counsel appearing for the respondents. By the impugned judgment, the Tribunal has held that the appellants work sometimes as independ-ent persons for the Railway administration for which they are paid remuneration at a rate mutually agreed upon as per the terms of the contract and that they could not be regarded as casual employees engaged by the Railway administration. Since there was no relationship of master and servant between them and the Rail-way administration, they could not be regularised as railway employees or as casual labourers or substitutes. Having consid-ered the record, we do not find any infirmity in the said judg-ment of the Tribunal. The appeal, therefore, fails and is accord-ingly dismissed. No costs.
1. This appeal is directed against the judgment of the Central Administrative Tribunal, Calcutta Bench (hereinafter referred to as “the Tribunal”) dated 6-9-1993 in OA No. 815 of 1989 whereby the Tribunal has dismissed the said application which was submit-ted by the appellants, who are licensed porters at Bankura Rail-way Station, to seek regularisation as Group D employees in the Railways.
2. We have heard Shri Raj Kumar Gupta, the learned counsel for the appellants and Shri P.P. Malhotra, learned Senior Counsel appearing for the respondents. By the impugned judgment, the Tribunal has held that the appellants work sometimes as independ-ent persons for the Railway administration for which they are paid remuneration at a rate mutually agreed upon as per the terms of the contract and that they could not be regarded as casual employees engaged by the Railway administration. Since there was no relationship of master and servant between them and the Rail-way administration, they could not be regularised as railway employees or as casual labourers or substitutes. Having consid-ered the record, we do not find any infirmity in the said judg-ment of the Tribunal. The appeal, therefore, fails and is accord-ingly dismissed. No costs.
