Karnataka High Court
Indian Railway Loco Running Men vs The Union Of India on 9 June, 2023
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NC: 2023:KHC:19941
WP No. 15797 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.15797 OF 2022 (S-RES)
BETWEEN:
1. INDIAN RAILWAY LOCO RUNNING MEN
ORGANISATION (R)
THROUGH DIVISIONAL SECRETARY,
BANGALORE DIVISION,
SRI ASHUTHOSH SRIVASTAVA,
S/O. N. L. SRIVASTAVA,
AGED ABOUT 50 YEARS,
LOCO PILOT (PASSENGER)
R/AT FLAT NO. B-5/701,
PANCHAVATI BDA APARTMENT,
J. P. NAGAR, 8TH PHASE,
JAMBUSAVAARI DINNE,
BENGALURU - 560 083.
2. SRI. D. RAJKUMAR
S/O. C. DHARMAN,
AGED ABOUT 52 YEARS,
Digitally signed by
ARUN KUMAR M S LOCO PILOT (PASSENGER)
Location: HIGH COURT
OF KARNATAKA CREW CONTROLLER OFFICE,
SOUTHWESTERN RAILWAY,
BENGLAURU - 560 023,
R/AT NO. 202, GREEN VIEW RESIDENCY,
M.M. REDDY ROAD, H.A. FARM POST,
MARIYANNA PALYA,
KEMPAPURA, HEBBAL,
BENGALURU - 560 024.
3. SRI. ABRAHAM KOSHY
S/O. V. V. KOSHY,
AGED ABOUT 52 YEARS,
LOCO PILOT (MAIL),
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NC: 2023:KHC:19941
WP No. 15797 of 2022
CREW CONTROLLER OFFICE,
SOUTHWESTERN RAILWAY,
BENGALURU - 560 023,
R/AT NO. GE-95,
GARDEN ENCLAVE,
BANJARA LAYOUT,
JAYANTHI NAGAR,
HORAMAVU,
BENGALURU - 560 043.
...PETITIONERS
(BY SMT. KOMALA G., ADVOCATE)
AND:
1. THE UNION OF INDIA
THROUGH ITS SECRETARY,
MINISTRY OF RAILWAY,
RAIL BHAVAN,
NEAR INDIA GATE,
NEW DELHI-110 001.
2. THE CHAIRMAN AND CEO
RAILWAY BOARD,
RAIL BHAVAN,
NEAR INDIA GATE,
NEW DELHI-110 001.
3. THE GENERAL MANAGER
SOUTHWESTERN RAILWAY,
KESHWAPUR,
HUBLI-580 023.
4. THE SENIOR DIVISIONAL PERSONNEL OFFICER
SOUTHWESTERN RAILWAY,
BANGALORE DIVISION,
BENGALURU - 560 023.
5. JOINT SECRETARY
MINISTRY OF LABOUR,
SHRAM SHAKTI BHAVAN
RAFI MARG
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NC: 2023:KHC:19941
WP No. 15797 of 2022
NEW DELHI-110 001.
6. REGIONAL LABOUR COMMISSIONER (CENTRAL)
AND AUTHORITY
UNDER HOURS OF EMPLOYMENT REGULATION,
KARNATAKA REGION,
SHRAM SADAN,
3RD MAIN, 3RD CROSS, II PHASE,
YESWANTHPUR,
BENGALURU - 560 022.
AND ALSO AT
KARMIKA BHAVAN, DAIRY CIRCLE,
BANNERGHATTA ROAD,
BENGALURU - 560 029.
...RESPONDENTS
(BY SRI. CHANDRACHUD A.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO FOLLOW THE ORDERS DATED
22.10.2001 AT ANNEXURE-A PASSED BY THE AUTHORITY
UNDER THE HOURS OF EMPLOYMENT REGULATIONS,
KARNATAKA REGION IN F.NO.95(1)/2000 B3 AND AS WELL
THAT WAS CONFIRMED BY THE CENTRAL ADMINISTRATIVE
TRIBUNAL IN RA NO.170/34/2017 IN ITS ORDERS DATED
26.9.2018 AT ANNEXURE-M AND EITHER SEE TO THAT THE
HEAD QUARTER REST AND THE PERIODIC REST DO NOT
OVERLAP AND IN THE EVENT WHERE THERE IS OVERLAPPING
OF BOTH THE HEAD QUARTER REST AND THE PERIODIC REST
THE COMPENSATION IS BEING PAID CALCULATED AT A RATE
OF TWICE THE NORMAL RATES IN LIEU OF THE HEAD
QUARTER REST AS PER THE ORDER DATED 22.10.2001 AT
ANNEXURE-A PASSED BY THE AUTHORITY UNDER THE HOURS
OF EMPLOYMENT REGULATIONS KARNATAKA REGION IN F
NO.95 (1)/2000 B2
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:19941
WP No. 15797 of 2022
ORDER
Sri A. Chandrachud, learned counsel appearing for the respondent No.1 is pleaded that the writ petition is not maintainable in view of the law declared by the Hon'ble Apex Court in the case of L.Chandrakumar vs. Union Of India and others reported in AIR 1997 SC 1125.
2. Heard the learned counsel appearing for the parties.
3. In this writ petition, the petitioners have sought for direction to the respondent-authorities to consider the case of the petitioners as per order dated 22.10.2001 (Annexure-A), which came to be confirmed by the Central Administrative Tribunal in RA No.170/34/2017 dated 26.09.2018 (Annexure-M) and such other reliefs.
4. Having taken note of the order passed by the CAT, Bangalore, in Application No.O.A.No.33 of 2008, disposed of on 01.04.2010 (Annexure-E), and Review -5- NC: 2023:KHC:19941 WP No. 15797 of 2022 Application No.170/00034/2017 before the CAT, Bangalore on 22.10.2018, (Annexure-M), the petitioners are permitted to approach the aforementioned Tribunal for redressal of their grievance. Accordingly, the writ petition is disposed of. All the contentions of the parties are kept open.
SD/-
JUDGE SB List No.: 1 Sl No.: 20