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Haren Das & Others v/s The Union of India, represented by the General Manager, N.F. Railway, Maligaon Guwahati & Others


Company & Directors' Information:- G DAS & CO PVT LTD [Active] CIN = U74992WB1935PTC008299

Company & Directors' Information:- UNION GENERAL CO LTD [Strike Off] CIN = U10200WB1950PLC018697

Company & Directors' Information:- DAS & CO PVT LTD [Strike Off] CIN = U72100AS1946PTC000740

Company & Directors' Information:- K C DAS PVT LTD [Active] CIN = U15433WB1946PTC013592

Company & Directors' Information:- D K DAS & CO PVT LTD [Active] CIN = U51909WB1938PTC009288

Company & Directors' Information:- U C DAS & CO PVT LTD [Active] CIN = U31200WB1987PTC042709

Company & Directors' Information:- DAS & DAS PVT LTD [Strike Off] CIN = U51109WB1950PTC019222

Company & Directors' Information:- A S DAS CO PVT LTD [Strike Off] CIN = U51109WB1957PTC023552

Company & Directors' Information:- DAS-G INDIA PRIVATE LIMITED [Active] CIN = U24304DL2020PTC370609

Company & Directors' Information:- P K DAS & CO PVT LTD [Strike Off] CIN = U74210WB1955PTC022259

    Original Application No. 040/00417 of 2018

    Decided On, 06 March 2020

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER & THE HONOURABLE MR. NEKKHOMANG NEIHSIAL
    By, ADMINISTRATIVE MEMBER

    For the Applicants: M. Chanda, B. Devi, J. Kalita, Advocates. For the Respondents: S. Choudhury, Railway Advocate.



Judgment Text

Nekkhomang Neihsial, Member (A)In this O.A., the applicants are seeking the following reliefs:-8.1 To set aside and quash the identical impugned orders dated 5.9.2018 as the respondents while proceeding to issue the impugned communication ignored the express directives passed by this Hon’ble Tribunal and proceeded to dispose of the claim of the applicant basing on issues which has already been settled by this Hon’ble Tribunal, as such the impugned communication having been so issued is in clear violation of the provisions of the Rules holding the field, directives as passed by this Hon’ble Tribunal and without there being any application of mind.8.2 To direct the respondents to regularize the services of the applicants as per the recommendation of the letter dated 16.3.04.8.3 To direct the respondents to regularize the service of the applicants on the basis of the casual labour identity card which were already declared to be genuine by the respondents as well as the Hon’ble Tribunal.8.4 To direct the respondents to appoint the applicants against Group-D posts as has been done in case of similarly situated employees.8.5 Any other relief/reliefs that the applicants may be entitled to.”2. After giving sufficient opportunities to both sides, the hearing was concluded on 30.09.2019 and reserved for orders. The parties were allowed to submit their written arguments and accordingly, the learned counsel for the applicants submitted the written argument on 04.11.2019 and the learned railway counsel for the respondents submitted on 05.11.2019.3. We have gone through once again the entire case, records and documents submitted by both the parties. This O.A. is challenging the order of the respondent authorities dated 05.09.2018. This speaking order is in compliance with the order of this Tribunal dated 18.08.2016 passed in O.A. No. 040/00286/2016. The Speaking order also covers the order of this Tribunal dated 31.05.2016 passed in O.A. Nos. 413, 433, 434, 424/2014 & O.A. No. 11 of 2015. We have also gone through the order dated 18.08.2016 in O.A. No. 286 of 2016 wherein this Tribunal had directed as under:-“7. I have heard the learned counsel for the parties, perused the pleadings and material placed before me. The applicants in the instant case joined their duties as Casual Labour with effect from 1986 on various dates. Although the matter relates back to 1986 and since many similarly situated persons travelling this Tribunal to Hon’ble Gauhati High Court in various occasions, hence, without going into the merit, I direct the respondent authority to consider the case of the applicants in the light of earlier decision passed by this Tribunal in O.A. Nos. 413, 424, 433, 434/2014 & O.A. No. 11 of 2015.”As could be made out from the above, this Tribunal had directed the respondent authorities to consider the case of the applicants in the light of the decision of this Tribunal in O.A. Nos. 413, 424, 433, 434/2014 & O.A. No. 11 of 2015.4. We have once again gone through the judgment and order of this Tribunal dated 31.05.2016 in O.A. Nos. 413, 424, 433, 434/2014 & O.A. No. 11 of 2015. This Tribunal had made detailed examination the issue and discussed on the issues that has cropped up during the course of litigation including the dismissal of the Writ Petition (C) No. 6157 of 2007 filed by the respondent authorities in the Hon’ble High Court of Gauhati. The Tribunal also had taken note of the recommendations of the constituted Screening Committee. However, having taken note of the existence of employees rendering their services, Tribunal had directed as under:-However, as both parties agreed, we direct the respondents authority once again to consider the case of the applicants absorption in Railway on the basis of the report dated 16.3.2004 (Annexure-1 of the O.A.) with due weightage of the applicants existence as we viewed. The said exercise shall be carried out by the respondents not later than three months from the date of receipt of the order.”5. In the context of this detailed discussion and the above direction given by this Tribunal as above, we have perused the speaking order dated 05.09.2018. We found that the speaking order dated 05.09.2018 is only repeating the initial stand of the respondent authorities with reference to the disputes in granting the applicants’ absorption as Group ‘D’ employees in the respondents organization. The speaking order has not brought out any details of the process exercised by them to consider the applicants for absorption in the Group ‘D’ posts. Accordingly, respondent authorities are directed once a

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gain to consider the cases of the applicants and come up with details speaking order indicating clearly the entire process gone through by them in considering of the applicants as directed vide this Tribunal order dated 31.05.2016 in O.A. Nos. 413, 433, 434, 424/2014 & O.A. No. 11 of 2015. The exercise may be completed by the respondent authorities within a period of four months from the date of receipt of this order.6. To the above extent, the O.A. stands disposed of. There shall be no order as to costs.
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