A.I. RAILWAY PARCEL & GOODS PORTERS UNION versus UNION OF INDIA AND ORS.

A.I. RAILWAY PARCEL & GOODS PORTERS UNION versus UNION OF INDIA AND ORS.

Fresh inquiry to be conducted by Assistant Labour Commissioner regarding genuineness and authenticity of each claimant for regularization. Based on report, Railways to regularise eligible porters on permanent basis, subject to age of superannuation and medical fitness; only to the quantum of perennial work. Seniority and absorption to be based on length of service and continuous employment.

Parties
Petitioner: A.I. Railway Parcel & Goods Porters Union; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
22 August 2003
Procedural Posture
Writ Petition and Civil Appeal / Final Judgment (supreme Court)
Outcome
Writ petitions and civil appeals disposed of; order for fresh inquiry and regularization as per directions.
Legal Topics
Regularisation, Contract Labour, Railways, Absorption of Workers
Labour Law Regularisation Contract Labour Railways Absorption of Workers

Case Brief

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Parties

A.I. Railway Parcel & Goods Porters Union

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition and Civil Appeal / Final Judgment (supreme Court)

Legal Issues

  1. 1 Whether contract porters in railways should be regularised as permanent employees.
  2. 2 Whether the contract system in parcel handling is to be abolished.

Ratio Decidendi

Fresh inquiry to be conducted by Assistant Labour Commissioner regarding genuineness and authenticity of each claimant for regularization. Based on report, Railways to regularise eligible porters on permanent basis, subject to age of superannuation and medical fitness; only to the quantum of perennial work. Seniority and absorption to be based on length of service and continuous employment.

Court Disposition

Writ petitions and civil appeals disposed of; order for fresh inquiry and regularization as per directions.

Orders

  • Assistant Labour Commissioner to conduct fresh scrutiny within six months.
  • Railways to regularise eligible porters as permanent employees based on inquiry report.