IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 OP (CAT).No. 2668 of 2011(Z) ---------------------------- AGAINST ORDER IN OA.608/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS / APPLICANTS ------------------------------- 1. N.GIREESAN, AGED 45 YEARS, S/O.NEELAKANTAPILLAI, EX-CASUAL LABOURER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT DOOR NO.4/117, INDIRA BHAVAN, KALKURICHI, THUCKALAY P.O., KANYAKUMARI DISTRICT. 2. V.KRISHNAPILLAI, AGED 58 YEARS, S/O.VELAYUDHANPILLAI, EX-CASUAL LABOURER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT CHUNKANKADAI, ALOOR P.O., KANYAKUMARI DISTRICT. 3. F.MARIAROSE, AGED 51 YEARS, S/O.FRANCIS, AAROKYA NAGAR, EX-CASUAL LABOURER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT MUTHALASKURCHAI, NEAR KURISHEDI, THUCKALAY, KANYAKUMARI DISTRICT, PIN-629175. BY ADV. SRI.N.MAHESH RESPONDENT(S): /RESPONDENTS --------------- 1. UNION OF INDIA, REP. BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-3. 2. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM. 3. THE CHAIRMAN, RAILWAY BOARD, RAILWAY BHAVAN, NEW DELHI. ADV. SRI.JAMES KURIAN, SC, RAILWAYS FOR R1-3 THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) NO.2668/2011 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ORDER DATED 16/06/2009 IN O.A.NO.608/2008 OF CAT, ERNAKULAM BENCH. P2 : COPY OF ORDER DATED 18/09/2009 IN R.A.NO.42/2009 IN O.A.NO.608/2008 OF CAT, ERNAKULAM BENCH. P3 : COPY OF O.A.NO.608/2008 FILED BEFORE CAT, ERNAKULAM BENCH. P4 : COPY OF REPLY STATEMENT DATED 10/12/2008 FILED BY R1 TO R3 BEFORE CAT, ERNAKULAM BENCH. P5 : COPY OF REVIEW APPLICATION NO.42/2009 FILED BY THE PETITIONERS BEFORE CAT, ERNAKULAM BENCH. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... OP(CAT) No.2668 of 2011 .................................................................... Dated this the 7th day of September, 2011. J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the petitioners and learned Standing Counsel for the respondent Railways. 2. Order under challenge is one issued by the Central Administrative Tribunal declining relief for the reason that the petitioners have not produced any document towards proof of employment as casual employees which entitle them for re- employment in the Railways based on several decisions of the Supreme Court. It is seen from the order of the CAT that both sides did not appear before the CAT on the posting date. 3. Even though we cannot find fault with the CAT for the order issued, we feel one more opportunity can be granted to the petitioners to establish their case before the CAT because among three petitioners, two have produced original labour cards before us and so far as the 1st petitioner is concerned, even though his card is lost, he has filed an affidavit giving details of employment as casual employee. Of OP(CAT) No.2668/2011 2 course, the Railways also will have list of casual employees maintained with identification including finger print and if it is only a matter of loss of card, the same should not deny benefit to him also. 4. We, therefore allow the OP(CAT) by vacating the order of the CAT and restoring the O.A. before the CAT with a direction to the CAT to re-post the matter, issue notice to the parties and decide the matter based on evidence to be produced by the petitioners. There will also be a direction to the CAT to dispose of the matter within a period of three months from the date of production of a copy of this judgment. The petitioners can produce copy of the judgment before the Registry for the Registry to list the matter before the Bench. This OP(CAT) is allowed as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg