Case Note & Summary
The Supreme Court considered an appeal against an order of the Central Administrative Tribunal, Allahabad Bench, dated January 8, 1996 in O.A. No. 1361/95. The appellant, a trade union, moved the Tribunal seeking regularisation of services of its members who were engaged as contract labourers for several years doing the job of parcel porters at Agra Fort Railway Station. The union relied on the Supreme Court judgment in National Federation of Railway Porters, Vendors and Bearers v. Union of India, 1995 (Supp) 3 SCC 152, which was rendered in what the appellant claimed were identical circumstances. The Tribunal, however, declined to entertain the original application on the ground that the union had an alternative remedy available. It did not decide the substantive issue raised before it. The appellant approached the Supreme Court. The Court observed that the question to be decided by the Tribunal in light of National Federation case was which is the appropriate Government to decide the question of regularisation of the workers. The Court held that in the facts and circumstances of the case and having regard to the fact that interests of labourers were involved, it would have been appropriate for the Tribunal to decide the question itself instead of directing the union to avail alternative remedy. Accordingly, the Supreme Court set aside the Tribunal order and directed the Tribunal to decide the original application on merits in the light of the principles laid down in National Federation of Railway Porters, Vendors and Bearers v. Union of India. The parties were at liberty to raise all contentions available to them in law before the Tribunal. The appeal was allowed with no order as to costs.
Headnote
A) Administrative Law - Exhaustion of Alternative Remedies - Tribunal's Duty to Decide Labour Issues - Not mentioned - Appellant union challenged Tribunal order declining to entertain original application on ground of alternative remedy; dispute concerned regularisation of contract labourers working as parcel porters and determination of appropriate Government in light of National Federation of Railway Porters, Vendors and Bearers v. Union of India (1995 Supp 3 SCC 152); Held that Tribunal should have decided the issue itself given labour interests, and directed Tribunal to decide on merits with parties at liberty to raise all contentions (Paras 1-2).
Issue of Consideration
Whether the Central Administrative Tribunal was justified in declining to entertain the original application on the ground of alternative remedy when labour interests were involved, and whether the Tribunal should itself decide which is the appropriate Government for regularisation of contract labourers in light of National Federation of Railway Porters, Vendors and Bearers v. Union of India
Final Decision
The Supreme Court set aside the Central Administrative Tribunal order dated January 8, 1996 in O.A. No. 1361/95 and directed the Tribunal to decide the original application on merits in the light of the principles laid down in National Federation of Railway Porters, Vendors and Bearers v. Union of India. The parties were at liberty to raise all contentions available in law before the Tribunal. The appeal was allowed with no order as to costs.
Law Points
- Central Administrative Tribunal should not relegate labour issues to alternative remedy
- tribunal must determine appropriate government for regularisation
- principles from National Federation of Railway Porters case apply
