IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16485 of 2010
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Union Of India & Ors
…. …. Petitioner/s
Versus
Baleshwar Rai & Ors
…. …. Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bindhyachal Singh, Advocate
For the Respondent/s : Mr. M.P.Dixit, Advocate
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15 19-09-2011 A larger issue has been raised on behalf of petitioner-
Railways that when claim of many ex-casual labourers for
regularization has been denied on account of judgment of the Apex
Court in the case of Secretary, State of Karnataka v. Uma Devi
(2006) 4 SCC 1, why a similar view has not been taken by the
Tribunal to deny relief to the respondents, who are not even causal
labourers of the Railways but engaged by cooperatives formed for
the benefit of the railway personnel.
There is also a dispute whether clause (iv) of the
scheme that persons like the respondents can be regularized only
after the list of ex-casual labourers is exhausted, is attracted
against the respondents or not. This is an issue of fact and counter
claims have been advanced. Prima facie, we find that the list of
eligible ex-causal labourers has been exhausted by rejection of
their cases which they had preferred earlier. But some matters are
Patna High Court CWJC No.16485 of 2010 (15) dt.19-09-20112
said to be still pending in this Court. Whether clause (iv) shall still
be an obstacle in the path of respondents cases being considered or
not in view of documents annexed with the supplementary counter
affidavit, remains to be decided on the next date.
As prayed on behalf of the petitioners, we grant four
weeks time to seek further instruction on both the issues noted
above so that this Court may decide the relevant issues finally on
the next date.
Put up on 18th October, 2011. The case shall retain its
position in the list.
(Shiva Kirti Singh, J)
(Shivaji Pandey, J)
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