Bimal Jana And ORS. v. Union Of India And ORS.

February 27, 2024

(117) ARDR & b.das WPA 2165 of 2024 Bimal Jana & ors.

Vs.

The Union of India & ors.

Mr. Anjan Bhattacharya, Mr. Sandip Kumar Mondal ...for the petitioners.

Mr. Ashok Kumar Chakraborty, Ld.A.S.G., Mr. Sukanta Chakraborty, ...for the respondent no.5.

1. The petitioners seek enforcement of a report of the Assistant Labour Commissioner dated 6th February, 2023 passed pursuant to an order of a coordinate Bench of this Court in WPA 6364 of 2023 (Surojit Das & ors. vs. Union of India & ors.).

2. Parcel porters/contractual workers under the railways have sought absorption in the permanent service of the railways.

3. A writ petition on the same subject-matter was moved before this court in WPA 22620 of 2023 which was disposed of by an order dated 7th December, 2023. This Bench had held in the order dated 7th December, 2023 that the petitioners ought to approach the appropriate authority under the Industrial Disputes Act, 1947.

4. The order was carried in appeal by the writ petitioners in MAT 215 of 2024 (Md. Noor Ajam & ors. vs. Union of India & ors.).

5. The said appeal was disposed of on 20th February, 2024 partially modifying the order of this Court dated 7th

December, 2023 directing the Chairman of the Railway Board to constitute a committee within a period of three weeks thereof to consider the grievances of the appellants. The writ petitioners are similarly situated as the appellants therein.

6. In the aforesaid circumstances, the order of the Division Bench dated 20th February, 2024 and the order dated 7th December, 2023 to the extent modified by the Division Bench shall, mutatis mutandis apply to the writ petitioners herein.

7. The writ petition is disposed of.

8. There will be no order as to costs.

9. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)