NATIONAL FEDERATION OF RAILWAY PORTERS, VENDORS AND BEARERS versus UNION OF INDIA AND ORS.

NATIONAL FEDERATION OF RAILWAY PORTERS, VENDORS AND BEARERS versus UNION OF INDIA AND ORS.

Contract labour Railway Parcel Porters who have worked continuously for a number of years on permanent and perennial work are entitled to be absorbed as regular employees with pay and service benefits equivalent to regularly appointed porters, subject to age and medical fitness, as per directions of the Supreme Court and based on Labour Commissioner’s report.

Parties
Petitioner: National Federation of Railway Porters, Vendors and Bearers; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
09 May 1995
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Petition allowed
Legal Topics
Contract Labour, Absorption and Regularisation, Employment Benefits
Labour Law Contract Labour Absorption and Regularisation Employment Benefits

Case Brief

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Parties

National Federation of Railway Porters, Vendors and Bearers

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether contract labour Railway Parcel Porters are entitled to absorption and payment equivalent to regular parcel porters.
  2. 2 Whether the nature of work performed by Railway Parcel Porters is permanent and perennial.

Ratio Decidendi

Contract labour Railway Parcel Porters who have worked continuously for a number of years on permanent and perennial work are entitled to be absorbed as regular employees with pay and service benefits equivalent to regularly appointed porters, subject to age and medical fitness, as per directions of the Supreme Court and based on Labour Commissioner’s report.

Court Disposition

Petition allowed

Orders

  • Railway Administration units to absorb petitioners as regular parcel porters, limited by quantum of perennial work available.
  • Absorbed employees to receive pay and service benefits from date of absorption equivalent to regular parcel porters.