IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 11027 of 2006(S) OA.627/2004 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONERS: 1. UNION OF INDIA, REP. BY THE SECRETARY, RAILWAY BOARD, RAIL BHAVAN, NEW DELHI-110001. 2. DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695 014. 3. SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695 014. BY ADV. SRI.M.C.CHERIAN,SR.STANDING COUNSEL,RAILWAYS RESPONDENT: K.GOVINDANKUTTY, (RETIRED GANG MATE,SOUTHERN RAILWAY), RESIDING AT KEERIKATTIL HOUSE, EROOR.P.O, 682 306. BY ADV. SRI.K.A.ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2009 ALONG WITH CONNECTED CASES , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C NO.11027 OF 2006 APPENDIX PETITIONERS'S EXHIBITS Ext.P1: True copy of the page No.3, 4 &5 of the Service Register of the applicant. Ext.P2: True copy of OA No.627/2004 filed before the Hon'ble Central Administrative Tribunal/Ernakulam Bench. Ext.P3: True extract of relevant portion of the Indian Railway Establishment Manual (1968 Edition) dealing with casual labourers. Ext.P4: True copy of Chapter XX of the Indian Railway Establishment Manual (1990 Edition) dealing with casual labourers. Ext.P5: True copy of the Reply Statement dated 16-2-2005 in OA No.627/2004. Ext.P6: True copy of the Rejoinder dt.1-9-2005 filed by the applicant in OA No.627/2004. Ext.P7: True copy of the Order of the Hon'ble Central Administrative Tribunal dated 28-11-2005 in OA No.627/2004. RESPONDENT'S EXHIBITS: NIL K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P(C) NOS. 11027, 13341, 14846, 20068, 20196 & 20412 OF 2006 --------------------------------------------- Dated this the 24th day of July, 2009 JUDGMENT Balakrishnan Nair, J. W.P.(C)No. 11027 of 2006. This Writ Petition is filed challenging the order dated 28.11.2005 in O.A. No.627 of 2004 of the Central Administrative Tribunal, Ernakulam Bench. The said O.A. was disposed of along with a batch of similar Original Applications by a common order, a copy of which is produced as Ext.P7. Relying on an earlier order of the Tribunal in O.A. No.689 of 2002, the Original Applications were allowed. 2. It is brought to our notice that W.P.(C) No. 35336 of 2003 filed against the order in O.A. No.689 of 2002 was already dismissed by this Court and, therefore, the order in the said Original Application has become final. Relying on that order, the present batch of Original Applications were allowed. We also notice that this Court has already W.P.(C) No.11027/2006 & Connected Cases. 2 dismissed several Writ Petitions filed against the orders of the Tribunal in identical matters. One of them is W.P.(C) No. 33412 of 2005 which was dismissed by this Court by judgment dated 3.12.2007. In view of the above position, as the point raised by the writ petitioners is covered against them by the aforementioned judgment, this Writ Petition is dismissed. W.P.(C) Nos.13341,14846,20068, 20196 & 20412 of 2006. In view of the judgment in W.P.(C) No.11027 of 2006, these Writ Petitions are also dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) No.11027/2006 & Connected Cases. 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.P.(C)NOS.11027,13341, 14846, 20068, 20196 & 20412 OF 2006 JUDGMENT 24th July, 2009 W.P.(C) No.11027/2006 & Connected Cases. 4