1 S.B. CIVIL WRIT PETITION NO. 5109/2007. NORTH WESTERN RAILWAY MAJDOOR SANGH VS. UNION OF INDIA & OTHERS DATE OF ORDER : 17.07.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Sanjeet Purohit for the petitioner. Mr. Rajesh Joshi } Mr. Arvind Samdariya } for the respondents. By this petition for writ, a challenge is given to the order dated 20.06.2007 passed by the appellate authority under Rule 4(2) of Railway Servants (Hours of Work and Period of Rest) Rules, 2005. By the order aforesaid, the appellate authority while accepting an appeal preferred by the General Manager, North Western Railway, Jaipur setting aside the order passed by the Regional Labour Commissioner (Central), Ajmer and remanded the matter to the Regional Labour Commissioner to decide the same afresh on basis of a fresh job analysis. It is stated by learned counsel for the respondents that the Regional Labour Commissioner (Central), Ajmer in pursuant to the order impugned dated 20.06.2007 has already decided the matter afresh on 29.02.2008 by accepting claim of the Branch Secretary, North Western Railway Mazdoor Sangh, 2 Bhagat Ki Kothi Branch, Jodhpur in the terms that “The non applicants are, therefore, directed to change the classification of the Sms/ASMs working at Rajkiyawas, Bomadara, Pali Marwar, Kairla, Rohat, Luni, Hanwant, Salawas and Basni in Basni- Rajkiyawas Section of Jodhpur Division from “EI” to “C” from 13th April, 2006 i.e. the date of order in case No.AJ-52(1)/1/2004- LS.IV and shall also pay overtime allowance, with other consequential benefits, if any due, within 30 days from the date of this order.” It is urged that in view of the order dated 15.01.2008, nothing survives to be adjudicated in the present petition for writ as not only the order dated 20.06.2007 has been remitted and but also the same has been decided afresh by the order dated 29.02.2008. In view of the factual position stated above, this petition for writ has become infructuous, therefore, the same is dismissed. (GOVIND MATHUR)J. Anil/