IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 25672 of 2003(F) ------------------------------------- PETITIONER(S): ----------------------- 1. R.G.PILLAI, PRESIDENT, RAILWAY CONTRACT CATERING WORKERS UNION (CITU), KERALA STATE COMMITTEE, REG.NO.9-19/92, KOPPAM, PALAKKAD. 2. RAILWAY CONTRACT WORKERS UNION (CITU), REG. NO.9-19/92, REPRESENTED BY ITS SECRETARY, T.K.ACHUTHAN, KOPPAM, PALAKKAD. 3. HAMSA RAWTHER, VENDOR, NON-GEGETARIAN RESTAURANT, KOTTAYAM RAILWAY STATION. 4. V.K.MURALI, COOK, NON-VEGETARIAN RESTAURANT, KOTTAYAM RAILWAY STATION. 5. M.P.KRISHNADASAN, SERVER, VEGETARIAN RESTAURANT, KOTTAYAM RAILWAY STATION. 6. RADHAKRISHNAN, KITCHEN STAFF, CHENGANNUR RAILWAY STATION. 7. M.KUMARAN, CASHIER, VEGETARIAN RESTAURANT, THRISSUR. 8. K.C.THANKACHAN, TRAIN SERVER, RAILWAY STATION, THRISSUR. 9. SHAMSUDDIN, VENDOR, ICE CREAM STALL, RAILWAY STATION, THRISSUR. 10. A.B.PRAKASAN, SERVER, NON-VEGETARIAN RESTAURANT, RAILWAY STATION, SHORNUR. W.P.(C) NO.25672/2003 11. M.A.SAYED, HELPER, NON-VEGETARIAN RESTAURANT, RAILWAY STATION, SHORNUR. 12. T.MURALEEDHARAN, STALL VENDOR, NON-GEGETARIAN RESTAURANT, RAILWAY STATION, SHORNUR. 13. A.KUMARAN, VENDOR, VEGETARIAN RESTAURANT, RAILWAY STATION, SHORNUR. 14. KARUPPUSWAMY, CLEANER, VEGETARIAN RESTAURANT, RAILWAY STATION, SHORNUR. 15. C.MOHANDAS, TEA MAKER, NON-VEGETARIAN RESTAURANT, RAILWAY STATION, PALAKKAD. 16. K.YUSEF, VENDOR, NON-VEGETARIAN RESTAURANT, RAILWAY STATION, PALAKKAD. 17. A.SADIK, VENDOR, VEGETARIAN RESTAURANT, RAILWAY STATION, PALAKKAD. 18. M.A.JABAR, SERVER, NON-VEGETARIAN RESTAURANT, RAILWAY STATION, PALAKKAD. 19. P.VISWANATHAN, HALL SERVER, VEGETARIAN RESTAURANT, RAILWAY STATION, PALAKKAD. 20. V.N.TAMBI, ASSISTANT COOK, VEGETARIAN RESTAURANT, RAILWAY STATION, KOZHIKODE. 21. K.O.JOHNY, VENDOR, VEGETARIAN RESTAURANT, RAILWAY STATION, KANNUR. 22. P.N.ANIL KUMAR, SERVER, NON-VEGETARIAN RESTAURANT, RAILWAY STATION, KASARAGOD. 23. K.KRISHNAN, SERVER, VEGETARIAN RESTAURANT, RAILWAY STATION, KUTTIPURAM. W.P.(C) NO.25672/2003 24. RAMESHAN, VENDOR, NON-VEGETARIAN RESTAURANT, RAILWAY STATION, ALUVA. BY MR.M.K.DAMODARAN, SENIOR ADVOCATE BY ADV. MR.V.M.KURIAN(JR.) RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF RAILWAYS, NEW DELHI. 2. THE DIRECTOR (CATERING), RAILWAY BOARD, NEW DELHI. 3. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. 4. THE SUB DIVISIONAL COMMERCIAL SUPERINTENDENT (CATERING), SOUTHERN RAILWAY, TRIVANDRUM. R1-R4 BY ADVS.MR.K.V.SADANANDA PRABHU,SR.SC.RAILWAYS MR.T.P.M.IBRAHIM KHAN,SR.SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.25672/2003 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AGREEMENT BETWEEN THE RAILWAY ADMINISTRATION AND THE LICENCEE FOR EXECUTING THE CATERING CONTRACT. P2:- COPY OF THE MINUTES OF JOINT DISCUSSION DTD. 18.2.97 BEFORE THE ASST. LABOUR COMMISSIONER AT COCHIN BETWEEN THE RAILWAY ADMINISTRATION AND TRADE UNION OF THE WORKERS. P3:- COPY OF THE NEW CATERING POLICY 2000. P4:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS UNION BEFORE THE HONOURABLE MINISTER FOR RAILWAYS. P5:- COPY OF THE CIRCULAR ISSUED BY THE MINISTRY OF RAILWAYS DTD. 4.2.03. P6:- COPY OF THE MINUTES DTD. 13.2.03. P7:- COPY OF THE COVERING LETTER DTD. 17.2.03. P8:- COPY OF THE LETTER NO.2001/TG-III/6000/9/IRCTCDTD. 23.9.02. P9:- COPY OF THE REPRESENTATION SUBMITTED BY THE DEPONENT BEFORE THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, PALAKKAD DTD. 11.2.04. TRUE COPY P.S.TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 25672 of 2003 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th September, 2009. J U D G M E N T The 1st petitioner is the President of the Railway Contract Catering Workers' Union and the 2nd petitioner is the Railway Contract Workers' Union. The other petitioners are catering employees under the licensees engaged by the railways for catering work in railway stations and trains. Formerly, catering in railway stations and trains were entrusted to licensees. The licensees executed the work entrusted to them by engaging their own employees. The petitioners represent such employees. The railways decided to dispense with the practice of engaging licensees for catering and decided to entrust the same with a corporate entity by name Indian Railway Catering and Tourism Corporation Ltd. As a result, the employees engaged by licensees whose licences were terminated lost their jobs. They now raise a claim in this writ petition that they must be deemed to be employees of the railways and should be appropriately absorbed in the service of the railways. 2. After arguing for some time, the learned counsel for the petitioner confines his prayer for a direction to the 3rd respondent to consider and take a decision on the grievances of the petitioner narrated in Ext. P4 representation dated 25-2-2002. This is opposed by the counsel for the railways, who submits that the petitioners have no manner of right for claiming employment in the railways. Counsel also submits that the railway has taken a policy decision to entrust the catering work with the corporate entity, dispensing with system of entrusting catering work with licensees and the employees engaged by the licensees have no manner of right to get employment in the railways. Having heard both sides, I am inclined to direct the 3rd respondent to consider the grievances detailed in Ext. P4 in W.P.C. No. 25672/03. -: 2 :- accordance with law. Accordingly, the writ petition is disposed of with a direction to the 3rd respondent to consider and pass appropriate orders on Ext. P4 as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Notwithstanding the fact that Ext. P4 has not been addressed to the 3rd respondent, Ext. P4 produced along with this writ petition itself shall be considered as the representation filed before the 3rd respondent and he shall consider the same accordingly. Sd/- S. Siri Jagan, Judge. Tds/