Central Administrative Tribunal - Ernakulam
Sandesh K.S vs Union Of India Represented By The ... on 6 December, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. NO. 931 OF 2013, O.A. NO. 932 OF 2013
O.A. NO. 933 OF 2013 & O.A. NO. 934 OF 2013
Friday, this the 6th day of December, 2013
CORAM:
HON'BLE MR.JUSTICE A.K.BASHEER, JUDICIAL MEMBER
1. O.A. NO. 931 OF 2013
Sandesh K.S.
Casual Labourer
Coast Guard, Headquarters No.4
,Kochi - 682 001
Residing at House No.II/80, Kavungal House
Thamarapurambu, Kochi - 682 001 ... Applicant
(By Advocate Mr.N.Radhakrishnan)
versus
1. Union of India represented by the Secretary
to Government
Ministry of Defence
New Delhi - 110 001
2. The Director General of Coast Guard
National Stadium Complex
New Delhi - 110 001
3. The District Commander Coast Guard
Coast Guard Regional Headquarters No.4
Kochi - 682 001 ... Respondents
(By Advocate Mr.Sunil Jacob Jose, SCGSC)
2. O.A. NO. 932 OF 2013
Riyaz A.A
Casual Labourer
Coast Guard, Headquarters No.4
,Kochi - 682 001
Residing at Ayaniparambil House,
House No.2/150, Kalvathy
Fort Kochi - 682 001 ... Applicant
(By Advocate Mr.N.Radhakrishnan)
versus
1. Union of India represented by the Secretary
to Government
Ministry of Defence
New Delhi - 110 001
2. The Director General of Coast Guard
National Stadium Complex
New Delhi - 110 001
3. The District Commander Coast Guard
Coast Guard Regional Headquarters No.4
Kochi - 682 001
... Respondents
(By Advocate Mr.Sunil Jacob Jose, SCGSC)
3. O.A. NO. 933 OF 2013
Rafeeq V.S
Casual Labourer
Coast Guard, Headquarters No.4
,Kochi - 682 001
Residing at Mathesparamb, Anjalay 296,
BSS Road, Kochi - 682 002 ... Applicant
(By Advocate Mr.N.Radhakrishnan)
versus
1. Union of India represented by the Secretary
to Government
Ministry of Defence
New Delhi - 110 001
2. The Director General of Coast Guard
National Stadium Complex
New Delhi - 110 001
3. The District Commander Coast Guard
Coast Guard Regional Headquarters No.4
Kochi - 682 001 ... Respondents
(By Advocate Mr.Sunil Jacob Jose, SCGSC)
4. O.A. NO. 934 OF 2013
Shaik Mubrak T.S
Casual Labourer
Coast Guard, Headquarters No.4
,Kochi - 682 001
Residing at House No.1/1139, Thamaraparambil
House, Kitkat Road, Kochi - 682 001 ... Applicant
(By Advocate Mr.N.Radhakrishnan)
versus
1. Union of India represented by the Secretary
to Government
Ministry of Defence
New Delhi - 110 001
2. The Director General of Coast Guard
National Stadium Complex
New Delhi - 110 001
3. The District Commander Coast Guard
Coast Guard Regional Headquarters No.4
Kochi - 682 001 ... Respondents
(By Advocate Mr.Sunil Jacob Jose, SCGSC)
The application having been heard on 06.12.2013, the Tribunal
on the same day delivered the following:
O R D E R
HON'BLE MR.JUSTICE A.K.BASHEER, JUDICIAL MEMBER The applicants in these Original Applications are stated to be working as Casual Labourers under the District Commander Coast Guard, Coast Guard Regional Headquarters No.4, Kochi. They contend that their services are liable to be regularized and that they are entitled to be appointed as Group 'D' Unskilled Labourers.
2. Today, when these cases are taken up for consideration, it is submitted by Learned counsel for the respondents that Assistant Labour Commissioner (Central) had invited the parties yesterday for a conciliation pursuant to the request made by the applicants for regularization. But the respondents were not in a position to express any view on this issue because of the pendency of these Original applications. Learned counsel submits that respondents are prepared to participate in the Conciliation that may be held by the Assistant Labour Commissioner in future. However, the only impediment is the pendency of these cases before this Tribunal.
3. Learned counsel for applicants submits that the applicants are prepared to withdraw these Original applications with liberty to approach this Tribunal again at a later stage, if contingency arises.
4. In the peculiar facts and circumstance of the case, I am satisfied that the above prayer is only just and reasonable. Therefore, Original Applications are closed with liberty to the applicants to pursue the matter further at a later stage in accordance with law, if situation so demands. The respondents shall participate in the Conciliation meeting that may be convened by the Assistant Labour Commissioner who shall ensure that the entire process is completed as expeditiously as possible, at any rate, within three months from the date of commencement of the Conciliation Proceedings.
5. Original applications are closed in the above terms. No costs.
Dated, the 6th December, 2013.
JUSTICE A.K.BASHEER
JUDICIAL MEMBER
vs