UNION OF INDIA AND ORS. versus BASANT LAL AND ORS.

Citation: [1992] 1 S.C.R. 823 · Decided: 18-02-1992 · Supreme Court of India · Bench: N.M. KASLIWAL · Disposal: Disposed off

Judgment (excerpt)

r 
UNION OF INDIA AND ORS. 
A 
v. ·-
BASANT LAL AND ORS. 
FEBRUARY 18, 1992 
[N. M. KASLIWAL AND K. RAMASWAMY, JJ.] 
B 
Civil Se1Vices: 
Indian Railways Establishment Manual : Chapter XX/// and Rule 
23f#-Casual labour-Temporary Railway se1Vants status-When to be ac-
C 
corded-Regularisation and payment of back wages-Directions issued. 
The respondents were employed as Casual Labour in the Construc-
tion Division of the Northern Railways and their services were terminated 
by oral order. The respondents made a representation that they had been 
working continuously for more than 120 days and as such were entitled to D 
the status of temporary Railway servants. Since there was no response to 
their representation, the respondents approached the Central Administra-
tive Tribunal. They relied on a letter dated 29.12.78 issued by the General 
Manager, Northern Railway. As per the letter and the earlier instructions, 
casual labourers Miether employed on project or othenrise who bad E 
completed four months' continuous service were required to be considered 
by the Employment Screening Committee for absorption against Class IV 
posts. 
The Tribunal gave ;ts finding that since the respondents had worked 
for more than 120 days, they would be deemed to have acquired temporary 
F 
status, aud that the termination of their services without notice was 
violative of Rule 2304 of the Indian Railways Establishment Manual. 
Thus, the Tribunal. quashed the termination Orders and directed that the 
respondents should be reinstated and posted either In the same zone or 
anywhere else depending on the availability of work, and absorbed against G 
regular class IV posts as per rules. 
The Union of India has preferred the present appeal by special leave, 
. challenging the Tribunal's order. 
On behalf of the appellants it was contended that in case the respon-
H 
823 
824 
SUPREME COURT REPORTS 
[1992] 1 S.C.R. 
A 
dents were employed in the construction work on the open line then they 
would acquire a temporary status after continuous employment of 120 
days, and since they were employed on a project work they could acquire 
temporary status only after completing 360 days of serivce. 
B 
Disposing of the appeal,. this court, 
HELD: 1. Chapter XXIII of the Indian Railways Manual lays down 
that casual lahoorers who have worked for more than UO days in open 
line and those who have worked for more than 360 days on projects acquire 
temporary status and would· lie entitled to .the rights and privileges admis-
C 
sible to temporary Railway servants. Before the ·Tribunal, the respondent-
workers took a clear stand that they were Class IV employees in the 
Northern Railways and were employed in the Construction Division. This 
was supported by the appointment letters issued to them. They had been 
working for over 120 days and as such were entitled to all rights and 
privileges admissible to temporary Railway servants. [825C·D; 826E] 
D 
2. It is directed that all the 105 workers should be accorded the 
status of temporary employees. They would be entitled to the salary equal 
to temporary status employees of the Railway at the initial stage of the pay 
from 12.5.91. The respondents have been uprooted from their original 
E 
place and even now they are being given daily wage.s at the rate of Rs. 19.10 
paise and not being given. the wages equal to a temporary status employee 
of the Railway at the initial .stage of pay. The Railway Authorities shall pay 
the back wages to all the employees from 12.5.1991 equal to a tempoi'ary 
, 
F 
status employee allowed at the initial stage of pay within two months, after 
adjusting any amount already paid to them. [828 G-H; 829A-B] 
CIVIL.APPELLATE JURISDICTION: Civil Appeal No. 847 of 
1992. 
From the Judgment and Order dated 16.3.1990 of the Central Ad-
G ministrative Tribunal, New Delhi in 0.A No. 2467 of1988. 
. 
. 
I 
. 
Dr. Anand Prakash Sharma, S.N. Sikka and B.K. Prasad for th<> 
Appellants. 
D.N. Goburdhan, Ms. Pioki Anand and G.K. Luthra for the 
H Respondents. 
1 
U.0.1. v. BASANll LAL [KASLIWAt, J.j 
825 
The Judgment of the Court was delivered by 
A 
KASLIW AL, J. Special leave granted. 
B 
The Union of India has filed this appeal by grant of Special Leave 
challenging the order of the Central Administrative Tribunal, Principal 
Bench, New Delhi dated 16.3.1990. Shri Basant Lal and 104 others were 
employed on the post of casual labour in July, 1988. Their services were 
terminated by oral o

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