NATIONAL FEDERATION OF RAILWAY PORTERS, VENDORS AND BEARERS versus UNION OF INDIA AND ORS.

Citation: [1995] SUPP. 1 S.C.R. 165 · Decided: 09-05-1995 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Disposed off
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Judgment (excerpt)

NATIONAL FEDERATION OF RAILWAY PORTERS, 
A 
VENDORS AN\:> BEARERS 
v. 
UNION OF INDIA AND ORS. 
MAY 9, 1995 
B 
[K. RAMASWAMY AND N. VENKATACHALA, JJ.] 
Contract Labour (Regulation and Abolition) Act, 1970: 
Contract labour-Railway Parcel Porters-Working on contract C 
basis-Supreme Court directions regarding absorption and grant of salary 
equivalent to regularly appointed railway parcel porters. 
In a writ petition decided on April 15, 1991 this Court gave directions 
to the Railways Administration that 166 Railway Parcel Porters working 
on contract basis in certain railway stations of the Indian Railways shall 
be absorbed on permanent basis and that they shall be granted same 
D 
salary as was being paid to regular parcel porters. The petitioners in this 
writ petition, working as Railway Parcel Porters on contract basis in 
Northern, North-Eastern and Eastern Railway, seek similar relief as 
granted by this Court in its order dated April 15, 1991. Pursuant to an E 
order of this Court, Assistant Labour Commissioner (Central) conducted 
an enquiry and in its report dated August 31, 1993 stated, inter alia, that 
(i) the petitioner have been working as contract labour railway parcel 
porters continuously for a number of years; and (ii) the work of parcel 
handling was permanent and perennial in its nature and it could keep all 
F 
the petitioners continuously engaged. 
Disposing the petition, this Court gave following directions to the 
Union of India and the Railway Administration : 
1. The Unit of the Railway Administration having control over the G 
Railway Stations where the petitioners are doing the work of Railway 
Parcel Porters on contract labour should absorb permanently as regular 
Railway Parcel Porters of those station, the number to be so appointed 
being limited to the quantum of work which may become available to them 
on a perennial basis. [170-G I 
H 
165 
166 
SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R. 
A 
2. Persons appointed as Railway Parcel Porters on permanent basis 
B 
shall be entitled to get from the dates of their absorption the minimum 
scale of pay or wages and other service benefits which the regularly 
appointed Railway Parcel Porters are already getting. (171-A] 
3. The Units of Railway Administration may absorb on permanent 
basis only such of those Railway Parcel Porters working in the concerned 
Railway Stations on contract labour who have not completed the superan-
nuation age of 58 years and those who are found medically fit for such 
employment. [171-B] 
C 
4: The absorption of the petitioners does not disable the Railway 
Administration from utilising their services for any other manna! work of 
the Railway depending upon its needs. (171-D] 
5. While making absorption the persons who have worked for longer 
D periods as contract labour shall be preferred to those who are put in 
shorter period of work. [171-E] 
6. The report dated August 31, 1993 of the Assistant Labour Com-
missioner (Central) can be made the basis for deciding the period of 
contract labour work done by the petitioners in the Railway Stations. 
E Further, as far as possible, the Railway Stations where the petitioners are 
working should be places where they could be absorbed. (171-F] 
7. The absorption and regularisation of the petitioners shall be done 
according to the terms indicated above and on such other terms to which 
F they may be subjected to according to the rules or circulars of the Railway 
Board as expeditiously as possible, not being later than six months from 
the date of this order. [171-H, 172-A] 
G 
R.K Pande and Ors v. State Authority of India and Ors., JT(1994) 4 
SC 151, relied on. 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 507 of 
1992 Etc. 
(Under Article 32 of the Constitution of India.) 
H 
G.B. Pai, N.N. Goswami, D.K. Garg, Yashpal Dhingra, S.S. Khanduja 
' 
., 
FEDRATION OF RL Y. PORTERS v. U.O.l. [VENKATACHALA, J.] 
167 
B.K Satija, VK. Verma, Arvind Kr. Sharma and Ms. Bina Tamta for the A 
Appearing parties. 
Respondent In-person. 
The Judgment of the Court was delivered by 
VENKATACHALA, J. In a writ petition, W.P. No. 277 of 1988, filed 
in this Court under Article 32 of the Constitution of. India 166 Railway 
Parcel Porters, working on contract labour in certain Railway Stations of 
Indian Railways had claimed for therein issuance directions to the Union 
B 
of India and its Railway Administration for their permanent absorption by C 
Indian Railways as Railway Pa
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