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This is an archive article published on June 13, 1997

HC seeks permanent status for CR staff

June 12: In a major victory for the contract railway workers, the Bombay High Court today directed the Central Railway to make permanent th...

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June 12: In a major victory for the contract railway workers, the Bombay High Court today directed the Central Railway to make permanent the contract labourers employed with the catering department.

Justice Ajit Shah ruled that CR should absorb the vendors in a phased manner. It is directed to absorb 40 labourers within three months in Mumbai division. Then the Railway Board is asked to take a policy decision in four weeks as to whether 110 vendors will be made permanent in catering, ticket checking, ticket booking and other departments of the CR within the next six months. The justice also asked the board not to award the contract of catering service of the Punjab Mail without taking the policy decision first. CR was also directed to absorb 250 vendors in the catering or commercial departments on or before December 31, 1998 and the remaining on or before December 1999.

The National Railway Mazdoor Union, represented by advocate Colin Gonsalves, filed the petition last year on behalf of vendors working on contract. They also asked the court to restrain the CR from awarding contract/licenses to any private contractor for running the catering service on Shatabdi Express.These workers carry out the sale of food articles and other items at railway stations through catering stalls, shops or trolleys. They state that though their work is equivalent to that of a permanent employee, their remuneration and other benefits do not match. They are not entitled to any percentage of commission on the actual sales effected by them. Neither are they given any post-retirement benefits.

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During the eighties, these workers filed a petition in the Supreme Court against South Central Railway and Central Railway. On September 8, 1987, the apex court ruled that 639 vendors and 140 bearers should be progressively absorbed as permanent catering staff, as and when vacancies arise. In 1990, 103 bearers were absorbed. But, petitioners claim, the process stopped thereafter. Only 36 bearers were taken at CST station in 1996, whereas the vacancies were 40.

The union alleged that in Jan 1992, the Railway Board took the decision to award catering services to private contractors. As a result, five major trains were given on contract, accounting for over 360 vendors and bearers. The union complained to the court that such a policy decision goes against the Supreme Court ruling.

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