LPA No. 903 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No.903 of 2011 (O&M) Date of decision 23 . 5.2011 Punjab State Handling and Transporter's Association . Appellant Versus Union of India and others .. Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr.Mansur Ali , Advocate for the appellant 1. To be referred to the Reporter or not ? 2. Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. 1. The Punjab State Handling and Transporter's Association has filed the instant appeal under Clause X of the Letters Patent against judgement dated 7.4.2011 rendered by the learned Single Judge rejecting their prayer for quashing orders dated 1.5.2008 and 10.5.2008. The Northern Railways through those orders introduced round the clock working hours at the 8 Goods Shed w.e.f. 26.4.2008 and the appellant has challenged the orders by stating that there is no labour available at the railway station during the odd hours nor there is any infrastructure. Before the learned Single Judge reliance has been placed on the judgement of Patna High Court rendered in the case of Ashirvad Enterprises v. Union of India and others ( CWJC 16591 of 2008) (P.5) and judgement of Kerala High Court in the case of Manoj M. Mathew and others v. The Railway Board and others (WPC No. 19621 of 2008(J) decided on 24.7.2008) (P.6) but the learned Single Judge has found that no material was placed before the Court which may lead to a conclusion that there was any difficulty experienced in implementation of the policy reflected in those two impugned orders. Distinguishing the judgement of the Kerala High Court, the learned Single Judge took notice of the fact that the Kerala Head Load Workers Act is a peculiar legislation which is applicable in Kerala alone. It imposes absolute restriction on the employer to employ workers of their choice. There was no choice with the Contractor in engaging Head Load Workers which could only be LPA No. 903 of 2011 2 done by making a request to the Head Load Local Workers Committee for supplying the Head Load workers. Their numbers for a particular area was also limited. The learned Single Judge held that in the peculiar facts and circumstances that the Kerala High Court has expressed the view which has no application to the facts and circumstances prevailing in this case. 2. We have heard the learned counsel at some length and are of the view that the appeal does not merit admission. The State of Punjab is considered to be granary of the country. The impugned orders have been passed by the Northern Railways keeping in view that huge crop is to be carried to different parts of the country during the period from April to October. If the working hours are kept from 6.00 AM to 10 P.M. or 6.00 AM to 12 AM at Ambala Division or Ferozepur division as it was the situation before then the movement of huge food grains which is to be carried to different parts of the country would be hampered. We do not see any good reason for admission of the appeal. Accordingly, the appeal fails and the same is dismissed. (M.M.Kumar) Judge (Gurdev Singh) 23.5 .2011 Judge okg