The Delhi High Court today rejected a PIL seeking absorption of contractual Railway warehouse workers as permanent employees of Railways or FCI, saying the loading of freight is the responsibility of the consignor and the consignee.
"It is not the case of the petitioner (Akhil Bhartiya Railway Mal Godam Mazdoor Kalyan Sanstha) here that the contractors/sub-contractors who hired the services of the members of the petitioner are so contracted by the respondent Railways," a bench comprising Chief Justice G Rohini and Justice R S Endlaw said.
"On the contrary, from the documents filed by the respondent Railways before this court, it is clear that as far as loading of freight is concerned, the same is not the responsibility of the Railways but of the consignor/consignee. No such relief of absorption in the respondent Railways is made out," the bench said.
It said that the workers have failed to make out any case for their absorption with the Railways or the FCI.
Justice Endlaw, writing the judgement for the bench, also dealt with other plea of the workers seeking a direction to Railways to provide basic amenities to them at work place.
"From the counter affidavits filed and the material placed on record, we are satisfied that the basic amenities for the Railway Mal Godam/Warehouse workers exist and directions in that regard have already been issued," the bench said.
"We, however, still direct that if the amenities which the respondent Railways has already directed to be provided for railway Mal Godam/Warehouse workers are not being provided at any place, the concerned officer of the Railways shall, immediately upon the deficiency if any being brought to his/ her notice, remedy the same," it said.
