THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.4574 OF 2003 DATED: 07-03-2008 BETWEEN M/s. Jayaprakash, SC/BC Building Colour Paints, Sanitary, Electric & Labour Contract Cooperative Society Limited. …PETITIONER AND South Central Railway, Rep. by its Chief Commercial Manager and two others. …RESPONDENTS ORDER: Petitioner – Labour Contract Cooperative Society, submits that the Railway Station at Karimnagar was inaugurated on 20.04.2000 and loading and unloading activity at Goods Garriage started functioning with effect from the date of inauguration. For the purpose of loading and unloading nearly 200 hamalies are required to work in three shifts and the job of loading and unloading would be carried out by a Contractor through hamalies. The hamalies themselves used to form Cooperative Society and participate in the bidding to undertake the job of loading and unloading at the goods garriage of Railway Station. To decide the issue as to who should be entrusted with the work of loading and unloading, notification would be published in the newspapers by inviting tenders from the interested contractors whether they are individuals or societies and whoever agrees to pay higher amount to the Railways, apart from complying with other tender conditions, such contractors would be entrusted with the work. The above procedure is in vogue in most of the Public undertakings and also in all other Railway Stations. 2. It is further stated that after the inauguration of Railway Station at Teegalaguttapally, Karimnagar no specific arrangement was made by the respondents for the purpose of loading and unloading. As such, most of the labourers, who have lost their lands in the establishment of Railway Station, have started working as hamalies for the purpose of loading and unloading and some middlemen – G. Mallesham, M. Laxmaiah and others working as agents of the station manager, demanded huge amounts from hamalies so as to permit them to continue as hamalies. The said hamalies were issued identity cards granting recognition and the petitioner – society also made a representation to grant similar recognition by giving cards but the same was not considered, therefore, they have submitted a representation before the District Collector and also submitted a representation to the Assistant Labour Commissioner on 28.10.2002. The District Collector vide his proceedings dated 05.01.2000 sought for explanation from the Station Manager – third respondent but he had not responded to the said proceedings. Therefore, the petitioner-society filed this writ petition seeking a Writ of Mandamus to declare the action of the respondents – Railway Authority in permitting the loading and unloading at the Goods Garriage, Railway Station, to be carried out by some vested interest without any process of law and thereby enriching such middlemen illegally and depriving the members of the petitioner-society as illegal and arbitrary and to direct the respondents to issue tender notice to carry out the work of loading and unloading at Goods Garriage, Railway Station Karimnagar and entrust the work to the successful bidders. 3. Counter has been filed admitting the opening of Karimnagar Railway Station on 22.04.2000 and the goods activity such as loading and unloading of wagons by the traders started from the date of inauguration. As per the guidelines given by the Railway Board, vide Rule No.128 Goods Tariff No.41 Part I Volume I, traffic by goods wagons will be booked with the condition that loading and unloading of merchandise will be done by the consignors/consignees with their own labour. Railways neither engage nor utilize services of any labourer or hamali for loading and unloading of wagons at goods sheds. Similarly in the goods shed at Karimnagar also, Railways are not engaging any hamali. The traders will engage their own labour according to their choice for loading and unloading as and when the wagons are allotted to them as per their request. It is stated that the respondent Railways have no contact with either the petitioner – society or any other society or associations or with the traders. It is stated that the railway is not at all in the picture of loading and unloading but it is for the traders alone to engage the labour for loading and unloading. It is stated that in all railway stations the same system is existing as the goods itself will be booked on the condition that loading and unloading of the merchandise will be done by the consignors/consignees and the Railway has not say or responsibility in the matter of loading and unloading. 4. In view of the aforesaid categorical plea taken by the railways in the counter that it has nothing to do with the loading and unloading job and the labourers are to be engaged by the consignors/consignees of the concerned goods and that it is the duty of the traders alone but not the railways, I am of the opinion that the petitioner-society is not entitled for any relief in the writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs. ________________ V. ESWARAIAH, J March 7, 2008 DSK