IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 18655 of 2009(S) -------------------------- OA.805/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, HUBLI. 2. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTH WESTERN RAILWAY, MYSORE. 3. THE CHIEF ENGINEER/CONSTRUCTION, SOUTH WESTERN RAILWAY, BANGALORE. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.N.B.SUNIL NATH,SC, RAILWAYS RESPONDENTS: --------------- 1. M.SIVADASAN, AGED ABOUT 50 YEARS, RESIDING AT MAMANCHERRY HOUSE, VALIMKKU POST, MALAPPURAM DISTRICT. 2. M.VELAYUDHAN, AGED ABOUT 52 YEARS, S/O.CHOIKUTTY, RESIDING AT KANNAKUNNERI HOUSE, VELIMUKKU POST, MALAPPURAM DISTRICT. SRI.T.C.GOVINDASWAMY SMT.D.HEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. -------------------------------------- W.P.(C).No. 18655 OF 2009 -------------------------------------- Dated, this the 13th day of July, 2009 J U D G M E N T ~~~~~~~~~~~~ Balakrishnan Nair,J. The respondents, in Ext.P5 order of the Central Administrative Tribunal, Ernakulam Bench, in O.A.No.805/2007, are the writ petitioners. The respondents herein were the applicants. The applicants were ex-casual labourers and feeling aggrieved by the omission of the respondents to include them in the Live Register of casual employees, they have approached the C.A.T. After considering the submissions of both sides and the pleadings on record, the Tribunal held as follows: “4. The respondents have accepted in their reply that they are bound to include the names of the applicants in the Live Register/Supplementary Live Register on the basis of the findings of the Regional Labour Commissioner. However they have so far not taken any steps to include the name in the Register on the ground that the approval of the General Manager is required. The said contention is totally unacceptable. The findings of the Regional Labour Commissioner W.P.(C) No.18655/2009 2 were available in August, 2004. The respondents filed their reply in February, 2008. That means for nearly four years the respondents have not taken action to include the name of the applicants in the Live Register. The contention that there are 11 persons already in the Live Register and 112 persons in the Supplementary Live Register cannot be accepted as a valid reason for the inaction of the respondents. The respondents have to first decide the appropriate place for the applicants in the Live Register. Depending upon their place in the Live Register they have to be given consequential benefits. There is therefore absolutely no justification for the inordinate delay in including the names of the applicants in the Live Register. It is therefore considered appropriate to fix a time limit for completion of the formalities for including the name in the Live Register.” 2. The writ petitioners maintain that, even if, they are included in the Live Register, they are not entitled for regularisation as both of them have crossed the age limit prescribed for recruitment to Group 'D' posts. But, in this case, it is admitted by the petitioners that the applicants have casual service from 5.10.1977 to 12.3.1980 and thereafter from 17.11.1980 to 8.5.1981. W.P.(C) No.18655/2009 3 In view of the above position, they have got more than 360 days casual service. If that be so, the age limit prescribed for recruitment to Group 'D' posts will not apply to them, in view of the Division Bench judgment of this Court in W.P.(C) No.21777/2007 and connected cases. Accordingly, the Writ Petition fails and it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps