IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 5529  OF 2008

[Arising out of SLP(C) No. 12817/2006]

UNION OF INDIA AND ANR.  ... APPELLANT(S)

:VERSUS:

LAXMAN SINGH CHAMPALAL AND ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

The respondents herein were said to have been regularized in the post of

Gangmen,  having  been  engaged  as  monthly  rated  casual  labours.  They  made  a

representation for  their  reversion to the  post  of  Khalasis.  The said  representation

having  been  rejected,  an  original  application  was  filed  before  the  Central

Administrative Tribunal.  The Central Administrative Tribunal opined:  

“Since  they  were  engaged  as  Casual  Labour  Khalasis  they  can always  be  reverted  back  as  Khalasis  if  they  make  necessary demands in that regard.”

In support of the aforementioned finding, the learned Tribunal has noticed

some purported orders passed by the Railway Administration. It was directed:  

-2-

“In view of the above discussion and in the facts and circumstances of the case, we direct the respondents to accept the request of the Applicants for reversion to the post of Khalasi and pass necessary orders  reverting  them as  Khalasis  in  the  scale  of  Rs.  750-940/-. They may be considered for regularization on the post of Khalasi, if they were sufficiently senior, w.e.f.  the date of their immediate junior  was  regularized.  They also  may be  permitted to work as Khalasis.  If  anyone  of  them is  posted  as  Gangmen,  he  may be reverted  and  posted  as  Khalasis,  subject  to  availability  of vacancies.”

The appellants questioned the correctness of the said order by filing a writ

petition before the High Court of Judicature at Bombay.  By reason of the impugned

judgment the said writ application has been dismissed, stating:

“By this petition, the petitioners have challenged the order passed by the Central Administrative Tribunal by which the petitioners are directed to consider for regularization of the applicants before the Tribunal and they be permitted to work subject to availability of vacancy. If, for any reason, it is not possible, the Union of India can say so if and when such claim is made. At present, in our opinion, no case for interference is made out.”      

The  impugned  judgment  is  not  a  reasoned  one.  We  have  noticed

hereinbefore that a direction has been issued by the Tribunal upon the appellants to

treat the concerned respondents as Khalasis, and if any regularization is made they

may be considered for  regularization on the post  of  Khalasis.  Such directions  are

binding upon the appellants.  

-3-

In that view of the matter, the High Court was required to consider the merit

of the contentions raised before it by the appellants.  

As  no  reason  has  been  assigned  by  the  High  Court  in  support  of  its

judgment, the same cannot be sustained.  It is set aside accordingly. The matter is

remitted to the High Court for consideration thereof afresh on merit. The appeal is

allowed.

..........................J (S.B. SINHA)

..........................J   (CYRIAC JOSEPH)    NEW DELHI, SEPTEMBER 1, 2008.