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2020 DIGILAW 464 (CHH)

Dakshin Purva Madhya Railway Kuli Kalyan Samiti v. Union Of India

2020-08-07

P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU

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JUDGMENT Parth Prateem Sahu, J. - I.A. No. 02/2020, application for exempting from paying security deposit and I.A. No. 03/2020, application for exemption from filing affidavit and depositing court fee. 2. Looking to the nature of pleadings made in the writ petition, I.A. No. 02/2020 and 03/2020 are allowed. 3. The petitioner claiming it to be a registered organization under Chhattisagarh Society Registration Act, 1973, with an object for welfare of the registered porters of Bilaspur Division of Indian Railways. 4. The petitioner-organization has filed this petition under Article 226 of the Constitution of India, styled as ''Public Interest Litigation'' mentioning therein that the porters working with the Bilaspur Division have lost their livelihood completely due to lockdown announced by the Government on account of Covid-19 pandemic, movement of the trains has been completely suspended from 22.03.2020, which is continuing due to extension of lockdown period announced time to time. The porters and their family members are on the verge of starvation and they were left out from the welfare schemes/ measures announced by the Government like cash transfer for construction workers, farmers, employment for rural labour under Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) and they are also deprived of ration, food stuffs being distributed by the State Government to the residents living below poverty line. The petitioner has moved this Court with the following reliefs. "10.(i) Issue a writ of mandamus directing the respondents to engage registered porters, Bilaspur Railway Station, Bilaspur Division, South Eastern Central Railways in some from of paid work at the applicable daily wage rate; (ii) Issue a writ of mandamus directing the respondents to provide monetary assistance through a scheme to registered porters at Bilaspur Railway Station, South Eastern Central Railways. (iii) Pass any other order the Hon''ble Court may deem fit in the interest of justice." 5. Learned counsel for the petitioner submitted that the petitioner is a registered organization engaged for the welfare of registered porters within the Bilaspur Division of Indian Railways, under the petitioner''s organization, there are 151 registered porters working at Bilaspur Station. The registered porters are recruited by way of selection and after their selection, they are rendering their services as porters. The porters are not paid any salary by the Railways but they are provided other benefits like medical facilities at railway hospitals, free education at railway school and travel passes. The registered porters are recruited by way of selection and after their selection, they are rendering their services as porters. The porters are not paid any salary by the Railways but they are provided other benefits like medical facilities at railway hospitals, free education at railway school and travel passes. Due to complete lockdown because of Covid-19 pandemic, running of trains is also stopped except the essential utility trains for supply of goods etc. The lockdown was started from 22-03-2020, which was extended from time to time and till date regular movement of trains has not been started, which made the porters with no works, they have lost their livelihood completely and are at the verge of starvation. The Government has given facilities to the people residing below poverty line, as also who are residing in urban slum areas or rural areas, but the porters are being deprived of the benefits announced by the Government time to time because some porters are not having their ration cards. It is also submitted that some persons of the railways and civil society organizations reached out and presently helped the registered porters but it is not sufficient. It is submitted by the learned counsel for the petitioner that the petitioner has submitted representation to the railways authorities for allowing some paid works to the porters and also to provide financial assistance but the Respondent-Railway has neither considered nor given any heed to it. 6. The submission made by the learned counsel for the petitioner was opposed by the learned counsel appearing for Respondent-Railways. He submits that the porters are not the employees of the railway department, there is no relationship established between the porters and the railways. The petition has been filed in the style of Public Interest Litigation but the petitioner has moved before this Court with the personal interest. Registration of the petitioner organization, if any, is not informed to the railways'' administration and therefore the railways was not aware of registration of any society of the porters, the petition suffers with misjoinder as well as non-joinder of the parties. Registration of the petitioner organization, if any, is not informed to the railways'' administration and therefore the railways was not aware of registration of any society of the porters, the petition suffers with misjoinder as well as non-joinder of the parties. This petition being filed only in regard of few persons/ members of the society working as porters with the railways, Bilaspur division, cannot be said to be the grievance raised in the petition for the public at large and the petition itself is not maintainable under the head of ''Public Interest Litigation''. The reliefs as prayed for by the petitioner organization in this writ petition cannot be extended to them for more than one reason. Firstly, it is a lockdown period due to Covid-19 pandemic, the railways are not having any obligation for looking after and maintenance of the porters but in humanitarian consideration, the administration of the Bilaspur Railway station has organized for sponsorship of private individuals and public spirited organizations to provide necessary amenities to porters in good faith. He further submits that now partially running of the trains has been commenced and at present 30 trains are running and about 200 trains are to be started from 20.05.2020, informed by Deputy Chief Commercial Manager to Senior Divisional Commercial Manager, South East Railways, Bilaspur, Raipur and Nagpur and these trains will touch Bilaspur railway station. He also submits that as partially running of the trains are being commenced, the grievance of the petitioner has been redressed. It is further contended, that the grievance raised in this writ petition with regard to some porters are not having the ration cards is also of no concern of the railway department but for the appropriate government. 7. Learned counsel for the petitioner submits that the contention of the Respondent-Railway that there is no employer-employee relationship, is not to be determined in this petition, but in this petition, there is only prayer with regard to give some benefit by making available paid regular work. She submits that the petitioner organization has filed several documents showing the engagement of the porters, their selection and also the deposit of registration fee for the porters. She also submits that the railways provide several facilities to the porters and his family members which itself is sufficient to contradict the submission made by the learned counsel for the Railways that there is employer-employee relationship between them. She also submits that the railways provide several facilities to the porters and his family members which itself is sufficient to contradict the submission made by the learned counsel for the Railways that there is employer-employee relationship between them. Pointing out Annexure P-14, learned counsel for the petitioner submits that the petitioner is a registered society under the Chhattisgarh Society Registration Act, 1973 and the object is to work for registered porters and therefore, it is having every right to approach the Hon''ble Court by filing Public Interest Litigation and to adjudicate the right and plight of registered porters. He submits that there is no non-joinder or misjoinder of the parties as the Union of India has been arrayed as the party Respondent 1 and it is for the Union of India to co-ordinate between the different department under it. 8. Learned counsel for the respondents replied to the rejoinder submission made by the learned counsel for the petitioner stating therein that the documents filed along with the rejoinder is only the details asked to submit by the railways'' administration to permit working within the premises of railways. This is only a formality for issuance of licence and permission to work within the platform of the Bilaspur Railway station and to keep their update records with the administration. 9. We have heard the rival submissions made by the learned counsel for the parties. 10. In this petition, this Court will not consider and decide any issue with regard to status of the porters as claimed and resisted by the learned counsel for the parties. The grievance raised by the learned counsel for the petitioner is very limited that the members of the petitioner organization who are working as porters at railway station are facing financial crises due to stoppage of trains on account of lockdown announced by the Central Government on account of Covid-19 pandemic. The petitioner has raised issues about non-extending the benefits of the schemes announced by the Government time to time, but in the pleadings itself it is mentioned that some of the porters are getting benefit of the schemes as they are having the ration card and some of them are not getting the same. From the nature of pleadings itself, the grievance raised by the petitioner does not appear to be for the interest of public at large. Sofar as the distribution of ration etc. From the nature of pleadings itself, the grievance raised by the petitioner does not appear to be for the interest of public at large. Sofar as the distribution of ration etc. is concerned, it is for those porters who are not having the ration card for the reasons best known to them to approach the competent authorities for their registration and issuance of the ration cards. The relief sought for by the petitioner organization in this writ petition i.e. a direction to the Respondents to engage the porters in some other paid work and also a direction to the respondents to provide monetary assistance cannot be issued by this Court and the relief sought is misconceived. It is brought to the notice of this Court that in WPPIL 28/2020, this Court has already made some observations with regard to extending help to the residence within the State by taking all measures so as to distribute necessary food stuffs to the needy people and their family. 11. For the foregoing reasons, the writ petition styled as Public Interest Litigation is dismissed. However, the members of the petitioner organization will be at liberty to approach the appropriate authorities for the grievance of non-issuance of the ration cards, if still exists.