Court No. - 24 Case :- SERVICE SINGLE No. - 8127 of 2009 Petitioner :- Uttar Railway Karamchari Union Thu.The Divisional Respondent :- Union Of India Thu. Secretary Labour, Ministry Of Labour , Petitioner Counsel :- Shashank Dhaon,Santosh Tripathi Respondent Counsel :- A.S.G.,A.S.G. Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the petitioner.
The grievance of the petitioner is that the members of the petitioner
were engaged as Substitute Casual Labourers in Loco Foreman,
Northern Railway, Lucknow. On being terminated, some of them has
raised an industrial dispute before the Central Government Industrial
Tribunal. The Presiding Officer passed an award on 12.2.1988 and the
Divisional Railway Manager was directed to regularize the services of
labourers, who had been engaged during the period 1.6.1978 to
1.1.1981 and had worked for more than 120 days after screening. Being
aggrieved, the Senior Divisional Mechanical Engineer filed a writ
petition No. 5901 of 1986 before this Court, which was dismissed by the
judgment and order dated 14.3.1991. By the order dated 3.7.2008, the
Divisional Railway Manager, Northern Railway, Lucknow has complied
the award dated 25.11.1985. The petitioner-union submitted a demand
letter/representation dated 22.1.2009 which was rejected by the
impugned order.
Learned Counsel for the petitioner submits that the order passed on the
representation rejecting its claim is a non-speaking order.
It is not in dispute that petitioner-Union is an industry and as such, the
petitioner has an alternative remedy by raising an industrial dispute
before the Central Government Industrial Tribunal. Further, in view of
the fact that similarly situated persons were already raised the industrial
dispute before the Tribunal, which was decided in their favour, the
petitioner is liable to be relegated to the Tribunal.
In view of above, the writ petition is dismissed for want of alternative
remedy.
Order Date :- 28.1.2010
lakshman