PHOOL BADAN TIWARI AND ORS. versus UNION OF INDIA AND ORS.

PHOOL BADAN TIWARI AND ORS. versus UNION OF INDIA AND ORS.

Appellants were not shown to be railway employees appointed pursuant to any recruitment rules or orders issued by the Railways; appointment orders and scheme indicate part-time or commission-based employment for Handicraft Centres, not regular railway service; hence, Tribunal had no jurisdiction and applications were not maintainable.

Parties
Appellants: Phool Badan Tiwari and Ors.; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
03 April 2003
Procedural Posture
Civil Appeal / Supreme Court Appellate Review of Delhi High Court Decision
Outcome
Appeal dismissed
Legal Topics
Regularisation, Employment Status, Jurisdiction, Railway Establishments, Handicraft Centres
Service Law Regularisation Employment Status Jurisdiction Railway Establishments Handicraft Centres

Case Brief

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Parties

Phool Badan Tiwari and Ors.

Appellants

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Review of Delhi High Court Decision

Legal Issues

  1. 1 Whether appellants were railway employees eligible for regularisation and consequential benefits
  2. 2 Whether the Tribunal had jurisdiction to entertain their applications

Ratio Decidendi

Appellants were not shown to be railway employees appointed pursuant to any recruitment rules or orders issued by the Railways; appointment orders and scheme indicate part-time or commission-based employment for Handicraft Centres, not regular railway service; hence, Tribunal had no jurisdiction and applications were not maintainable.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs