Madras High Court
A.S.P.T.Balakrishnan vs The General Manager on 27 July, 2012
Author: M.Jaichandren
Bench: M.Jaichandren
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.7.2012 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.30440 of 2011, W.P.No.3091 of 2012 and W.P.No.6203 of 2012 W.P.No.30440 of 2011: A.S.P.T.Balakrishnan .. Petitioner in W.P.No.30440 of 2011 vs. 1. The General Manager Southern Railway Park Town, Chennai-600 003 2. Senior Divisional Commercial Manager Southern Railway Salem 3. The Manager (Depot) Food Corporation of India Sivadapuram P.O. Salem .. Respondents This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records relating to the third respondent's order made in proceedings Movt.opn/FCI/SLM/2011-12, dated 29.11.2011, and to quash the same. For petitioner : Mr.L.Chandrakumar For respondents : Mr.V.G.Suresh Kumar for R1 and R2 No Appearance for R3 W.P.No.3091 of 2012: M/s.S.D.K.Transport ... petitioner in W.P.No.3091 of 2012 Vs 1. The General Manager Southern Railways Park Town, Chennai-600 003 2. Senior Divisional Commercial Manager Southern Railways, Divisional Office, Commercial Branch, Salem 636 005 .. Respondents in W.P.No.3091 of 2012 This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the respondents pertaining to the impugned order dated 28.11.2011, bearing No.SA/C.304/Round the clock working/Goods and quash the same. For petitioner : Mr.N.Jayakumar For respondents : Mr.V.G.Suresh Kumar for R1 and R2 W.P.No.6203 of 2012: M/s.V.K.Enterprises rep. By its Managing Partner Soo. Vijayakumar .. petitioner in W.P.No.6203 of 2012 Vs 1. The General Manager Southern Railways Park Town, Chennai-600 003 2. Senior Divisional Commercial Manager Southern Railways, Divisional Office, Commercial Branch, Salem 636 005 .. respondents in W.P.No.6203 of 2012 This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the respondents pertaining to the impugned order dated 28.11.2011 bearing No.SA/C.304/Round the clock working/Goods and the original notification dated 25.11.2011 bearing No.ARN No.11/2011 and quash the same. For petitioner : Mr.L.Chandrakumar For respondents : Mr.V.G.Suresh Kumar for R1 and R2 C O M M O N O R D E R
Since, the issues involved in all the writ petitions are similar in nature, they have been taken up together and a common order is being passed.
2. Heard the learned counsels appearing for the petitioners, as well as the learned counsels appearing on behalf of the respondents.
3. It has been stated that the petitioners are carrying on the business of loading, unloading, clearing the wagons and transporting the consignments, which arrive at the Salem Railway Station. The petitioners had been awarded the Handling and Transporting contracts, by various parties. The petitioners have been fulfilling the terms and conditions of the contracts, efficiently, for a number of years.
4. It has been further stated that the petitioners are employing a number of labourers in clearing the consignments. The service conditions, including the working hours of the labourers, are fixed, as per the provisions of the Contract Labour (Regulations and Abolition) Act, 1990. While so, the respondents have been varying the timings, for handling the consignments, at the Salem Railway Station. By an order, dated 17.6.2008, the respondents had revised the working hours to round-the-clock working, with effect from 1.7.2008.
5. It had been further stated that, aggrieved by the revision of the working hours, a writ petition had been filed before this Court, in W.P.No.27439 of 2008. Even though an interim order had been granted in the said writ petition, it had been dismissed as infructuous, due to the expiry of the work contract of the petitioner therein. However, the High Court of Kerala had granted interim stay of all further proceedings of the 'round-the-clock' working, by its order, dated 4.7.2008, in W.P.C.No.20202 of 2008 (E), and the said interim order granted by the Kerala High Court is in operation, till date. In such circumstances, the petitioners have filed the present writ petitions before this Court, under Article 226 of the Constitution of India.
6. In the counter affidavits filed on behalf of the respondents, it has been stated that, prior to the year, 2004, the Railways were following different working hours causing unnecessary detention of the wagons. Therefore, the Railway Board had decided to adopt uniform working hours, in order to have better utilisation of the wagons and for the efficient transportation of the essential commodities, like, food grains, cement, chemical manures, to different parts of the country, as per the scheduled time.
7. It has also been stated that the Zonal Railways had been empowered to implement the 'round-the-clock' working hours, at Goods sheds, where 10 or more rakes had been handled in a month. Accordingly, the 'round-the-clock' working hours was introduced at five goods sheds, under the Salem Division, from 1.7.2008.
8. It has also been stated that the said system had been introduced, as a policy initiative to improve the wagon movements and to speed up the distribution of essential commodities. The 'round-the-clock' working hours introduced in other goods sheds, including Salt Cotaurs, Korukkupet, Kudal nagar, Tirunelveli and Tiruchirappalli, are working satisfactorily, without any complaint.
9. It had been further stated that the writ petition, in W.P.No.27439 of 2008, filed before this Court, challenging the implementation of the 'round-the-clock' working hours, introduced in the goods sheds of Salem, Salem Market, Tiruppur, Pilamedu and Coimbatore North, with effect from 1.7.2008, had been dismissed by this Court, as infructuous. Consequent to the orders passed by this Court, the 'round-the-clock' working hours had been introduced, once again, with effect from 15.11.2011, at Salem Market, Salem, Tiruppur and Erode.
10. It had been further stated that the clearing and forwarding agency, as representatives of the consignees, have the responsibility to release the wagons, by engaging sufficient labourers and by mechanising the system, for the unloading of the consignments. The Railways have no role to play in such matters.
11. It has also been stated that basic infrastructure and other facilities, such as proper approach road, drinking water, lighting facilities, toilets, bathrooms, rest rooms and other such amenities have been provided for the convenience of the users.
12. It has been further stated that the interim orders had been passed by the Kerala High Court, in W.P.No.20202 of 2008, relating to 'round-the-clock' working hours, introduced at Kallayi, West hill and Valappattinam goods sheds, in Kerala region, in view of the Kerala Head Load Workers Act, which prohibits labourers from working after 18.00 hours. However, in the state of Tamil Nadu, there is no such legislation in force restraining the labourers from working after sunset. As such, the writ petitions, filed by the petitioners, are devoid of merits and therefore, they are liable to be dismissed.
13. In view of the submissions made on behalf of the petitioners, as well as the respondents, and on a perusal of the records available, this Court is of the considered view that the writ petitions, filed by the petitioners, are devoid of merits. The petitioners, who are clearing and forwarding agents, cannot be said to be aggrieved by the round-the-clock working system introduced by the Railways. It is for the clearing and forwarding agents to engage more labourers and staff to clear the consignments, as efficiently as possible. They could also use mechanical devices and other machineries and equipments for clearing the goods, and for forwarding them to the consignees concerned. Therefore, the policy decision of the Railways, to introduce 'the round-the-clock' system cannot be held to be arbitrary or illegal.
14. The purpose of introducing the said system, by the Railways, is stated to be for the purpose of efficient utilisation of the rakes and for the proper and timely distribution of essential commodities. Further, there is no statutory prohibition against the labourers working during the late evening hours or at night, as in the state of Kerala. Even otherwise, the clearing and forwarding agents concerned can utilise the labourers and the staff, efficiently, by following the shift system, if needed. As such, the writ petitions are liable to be dismissed. Hence, they are dismissed. No costs. Connected M.P.Nos.1 and 2 of 2011, M.P.No.2 of 2012 and M.P.Nos.1 and 2 of 2012 are closed.
lan To:
1. The General Manager Southern Railway Park Town, Chennai-600 003
2. Senior Divisional Commercial Manager Southern Railways, Divisional Office, Commercial Branch, Salem 636 005
3. The Manager (Depot) Food Corporation of India Sivadapuram P.O. Salem