The High Court dismissed the Railway's petition challenging the CAT's order directing the absorption of a casual labourer into regular service, upholding the Tribunal's findings on service records and seniority.
Direction to the Southern Railway to absorb the second applicant within one month from receipt of the judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN
FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933
OP (CAT).No. 2281 of 2011(Z)
---------------------------OA.603/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH ....................
PETITIONERS
BY ADV. SRI.C.S.DIAS,SC, RAILWAYS
RESPONDENTS:
S/O.GOPALAN NADAR, EX-CASUAL LABOURER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION,
RESIDING AT NADUTHALAI VILAI VEEDU, (VIA) KUZHITHURAI, VANNIUR.P.O., KANYAKUMARI DISTRICT-629 163.
S/O.VARGHESE, EX-CASUAL LABOURER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT PAMPAN VILAI ROAD, ANANDAN NADAR KUDIYIRUPPU.P.O., KANYAKUMARI DISTRICT-629 201.
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER'S EXHIBITS:
TRUE COPY OF O.A. NO.603/2008 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
P5: .DO. DT.16.9.2010 FILED BY RESPONDENTS IN O.A. 603/2008.
P6: TRUE COPY OF ORDER DT.17.5.2010 IN O.A. 521/2008.
P9: TRUE COPY OF R.A. NO.23/2011 IN O.A. 603/2008 FILED BY RESPONDENTS IN O.A. 603/2008.
P10: TRUE COPY OF ORDER DT.8.6.2011 IN RA NO.23/2011 IN O.A. 603/2008.
TREU COPY
P.S. TO JUDGE
C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.
.................................................................... O.P.(CAT) No.2281 of 2011
.................................................................... Dated this the 15th day of July, 2011.
JUDGMENT
Ramachandran Nair, J.
The O.P. is filed by the Railways challenging the order of the CAT directing absorption of the second applicant in the O.A. in regular service. Admittedly the Railways absorbed applicant Nos.1,4 and 5 in the service during pendency of the O.A. because Railways was satisfied that they were eligible for absorption. So far as third applicant is concerned, he could not join on account of medical disability. The only case rejected by the Railways was the second applicant's who according to the Railways does not figure in the seniority list of casual labourers prepared by them. However, the Tribunal after verifying the labour service card issued by the Railways to the second applicant noticed that during 1979-80 the second appellant in two spells served the Railways for over an year entitling him for regular employment based on the seniority list prepared. It is also submitted before the CAT that one person figuring in the seniority list with serial No.1548
2
could not be traced or appointed. The Tribunal noticed that there is only a mistake in the spelling in the name of the person who is given serial No.1548 in the seniority list and it is actually the second applicant whose name is very similar to that name. Railways has no case that any other person has claimed appointment under serial No.1548 in the seniority list. So much so, we do not think there is any justification to interfere with the Tribunal's conclusion that second applicant will be the person who finds a place at serial No.1548 in the seniority list. We, therefore, do not find any ground to interfere with the Tribunal's order. The O.P.(CAT) is, therefore, dismissed. However, we make it clear that if any other person claims employment as the person coming under serial No.1548 of the seniority list and if the Railways finds it genuine, they are free to move the CAT in a review petition to modify or reverse their order after hearing such claimant as well. The Railways is granted one month time from date of receipt of copy of this judgment for absorption of the second applicant.
C.N.RAMACHANDRAN NAIR Judge
P.S.GOPINATHAN Judge
pms
1 issue framed by the court
Whether the High Court should interfere with the Central Administrative Tribunal's order directing absorption of a casual labourer into regular service based on verified service records and seniority
Union of India, Represented by the General Manager, Southern Railway
K. Chelliah
R. Suyambu Kesavan
S. Ganasingam
G. Muthian
V. Jesuraj
C.N. Ramachandran Nair
P.S. Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
