Original Application No. 180/00400/2015. Case: N.M. Gangadharan Vs Union of India and Ors.. Central Administrative Tribunal
| Case Number | Original Application No. 180/00400/2015 |
| Counsel | For Appellant: Siby J. Monippally, Advocate and For Respondents: Sunil Jacob Jose, Advocate |
| Judges | U. Sarathchandran, Member (J) |
| Issue | Service Law |
| Judgement Date | December 01, 2015 |
| Court | Central Administrative Tribunal |
Order:
U. Sarathchandran, Member (J), (Ernakulam Bench)
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Applicant is a retired Railway employee who was working as Tindal Bridge Erector Grade-I under the Southern Railway. He states that he entered the service of Railway as Casual Labour on 20.3.1973 and worked upto 30.8.73 and thereafter from 29.10.73 to 20.11.75 and from 2.1.76 to 5.9.84 in the Palghat division of Southern Railway where he was granted temporary status on 30.5.76. Thereafter he was transferred to Madras Division on 11.2.85 and was promoted as Tindal Bridge Erector Grade-III on 9.11.95 and was granted Grade-II on 21.7.97 and Grade-1 on 11.12.2009. He retired from service on 30.11.11. He has approached this Tribunal contending that after granting temporary status he is entitled to the scale of pay as and when he was re-engaged. He seeks the following reliefs.
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To declare that the applicant is entitled to get salary with effect from 23-8-1978 to 5-4-1984 and grant consequential benefits thereto;
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Grant such further and other reliefs as the nature and circumstance of the case may require.
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Respondents state that the OA is barred by limitation and suffers from lack of jurisdiction. According to them the claim of the applicant for payment of salary during the period 23.8.1978 to 5.4.1984 is a claim governed by the provisions contained in Payment of Wages Act, 1936 and the applicant ought to have approached the competent authority for that purpose. Respondents contend that the applicant has approached this Tribunal after a lapse of 15 years when the request made by him was already considered and disposed of by the Headquarters of the Southern Railway vide Annexure R/1 communication dated 26.3.1999. According to the railway, applicant was engaged as Mazdoor (casual labour) under the Chief Bridge Inspector, Cannanur on 12.12.1973 at Palghat Division of Southern Railway. Subsequently he had worked with broken spells upto 7.6.1997 based on his continuous service as casual labour from 21.1.1976 to 20.5.1976. He was granted temporary status w.e.f. 21.5.1976. From 23.8.1978 applicant had worked as casual labour Mopala Khalasi under the Bridge Inspector in Palghat Division upto 05.11.1981 in various spells. Later, he worked under the Bridge Inspector, Cannanur from 21.10.1982 to 20.12.1982 under broken spells and from 31.1.1983 to 20.3.1983 under the PWI, Special Works. Thereafter he was engaged as casual labour Mopala Khalasi under the Deputy Chief Engineer Construction...
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