IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 17024 of 2007(S) -------------------------------------- OA.803/2005 AND OA.794/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH .................... PETITIONER(S): ---------------------- 1. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-3. 2. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT. 3. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT. BY ADV. SRI.M.C.CHERIAN, SR.SC., RAILWAYS RESPONDENT(S): ------------------------- 1. M. RENGARAJ, S/O.MASIMALAI, EX.CASUAL LABOURER, PALGHAT DIVISION, SOUTHERN RAILWAY, RESIDING AT PALLATHERU, PANCHAMADEVI P.O. KARUR. 2. P. KRISHNAN, S/O PALANI YADAVAR, EX. CASUAL LABOURER, SOUTHERN RAILWAY, PALGHAT DIVISION, RESIDING AT EDAYAR PALAYAM, VEDISSIPALAYAM, KARUR, TRICHY DISTRICT. R1 & R2 BY ADV. SRI.T.C.GOVINDA SWAMY, SMT.D.HEERA, SRI.P.NPANKAJAKSHAN PILLAI, SMT.R.R.REJITHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2010, ALONG WITH WPC NO. 22695 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17024/2007-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXTRACT OF PARAGRAPH 2513 OF RAILWAY ESTABLISHMENT MANUAL (1968 EDITION). EXT.P2: COPY OF THE O.A. NO.803/2005 OF CAT/ERNAKULAM ALONG WITH ANNEXURES. EXT.P3: COPY OF THE O.A. NO.794/2005 OF CAT/ERNAKULAM ALONG WITH ANNEXURES. EXT.P4: COPY OF THE REPLY STATEMENT IN O.A. NO.803/2005. EXT.P5: COPY OF THE REPLY STATEMENT IN O.A. NO.794/2005. EXT.P6: COPY OF THE REJOINDER IN O.A. NO.803/2005. EXT.P7: COPY OF THE REJOINDR IN O.A. NO.794/2005. EXT.P8: COPY OF THE ADDL. REPLY STATEMENT IN O.A. NO.803/2005. EXT.P9: COPY OF THE COMMON ORDER DATED 16/02/2007 OF CAT/ERNAKULAM IN O.A. NO.803/2006 & 794/2005 ETC. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs C.N.RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NOS: 17024 & 22695 OF 2007 ----------------------------------------------------------- Dated this the 21st October, 2010. JUDGMENT Ramachandran Nair, J. These two connected writ petitions are filed by the railways challenging the CAT order directing petitioners to enroll for employment in the railways as and when vacancy arises. 2. We have heard standing counsel appearing for the petitioners and counsel appearing for respondents. 3. It is seen that CAT has granted relief to respondents based on the judgment of the Supreme Court in the decision reported in Inder Pal Yadav and others v. Union of India and others {(1985) 2 SCC 648}. The Supreme Court was considering entitlement of retrenched railway employees for re-employment. Admittedly respondents fall within the category covered by the Supreme Court judgment because they were retrenched some time in 1986. However, railways declined relief for the reason that the respondents approached the Tribunal only in 2005 for direction for inclusion in the eligible list for re-appointment. WPCNos: 17024 & 22695/2007 2 4. Counsel for the petitioner submitted that records are not available to verify whether respondents were ever employed by the railways. However, the case of the respondents is that the documents produced by them are quite genuine and those contained all the details pertaining to their employment and retrenchment. The respondents are only four in number and hundreds are in the list already prepared by the railways. We do not think delay should defeat the claim of respondents if their claim is otherwise genuine and tenable. We therefore direct the railways to verify the documents produced by the respondents. Even if there are no documents in the railways to cross check the same and if the documents produced are genuine, the railways should employ the respondents and grant consequential reliefs. C.N.RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj WPCNos: 17024 & 22695/2007 3