All India Loco Running Staff Association, Nagpur Thr. Its Jt. Secretary General, Shri. M. P. Deo v. The Railway Board, Thr. Chairman, New Delhi And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION NO.4993 OF 2022 All India Loco Running Staff Association, an Association registered under the Trade Unions Act, 1926, having its Zonal/Divisional Office at 41, Jai Prakash Nagar, Layout No.4, Khamla, Nagpur, through its Jt. Secretary General Shri M.P. Deo.
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Petitioner - Versus -
1) The Railway Board, through Chairman, Rail Bhawan, Raisina Road, New Delhi-110001.
2) The General Manager, Central Railway, Chhatrapati Shivaji Maharaj Terminus, Mumbai - 400001.
3) Principal Chief Electrical Engineer, Chhatrapati Shivaji Maharaj Terminus, Mumbai - 400001.
4) Divisional Railway Manager, Central Railway, Nagpur Division, Kingsway, Nagpur-440001.
5) Sr. Divisional Electrical Engineer/ TRO, Central Railway, Nagpur Division, Kingsway, Nagpur-440001.
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Respondents ----------------- Shri D.P. Shouche, Advocate for petitioner.
Shri N.S. Deshpande, Deputy Solicitor General of India for respondents.
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CORAM : SUNIL B. SHUKRE AND ANIL L. PANSARE, JJ.
DATED : NOVEMBER 17, 2022 ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :
Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the parties. 2) During the course of hearing, it has transpired that the representations made regarding necessity of deploying two experienced Loco Pilots - one as main Loco Pilot and other as Co-Loco Pilot for driving high speed trains have not been considered and decided by the respondents so far.
3) We are of the view that the decision taken in this regard by the Railways pertains to policy of the Railways and, therefore, it would be appropriate for the Railways to take into consideration the grievance raised by the Association of Loco Pilots in its representation dated 1/12/2020 and also similar subsequent representations in accordance with law and in the best interest of the safety of the passengers and efficient management of the Railways including cutting of costs on running various trains. Therefore, even
though no specific prayer is made by the petitioner for deciding these representations, we direct the respondents to consider these representations, i.e. representation dated 1/12/2020 and similar other representations, in accordance with law as expeditiously as possible, preferably within six months from today. 4) Rule is made absolute in the aforesaid terms. The writ petition is disposed of. No costs.
JUDGE JUDGE khj JESWANI