Seniority Cannot Be Reckoned from Screening Date, Only from Permanent Absorption: Gauhati High Court

September 24, 2024 4:52 PM

In a significant judgment, the Gauhati High Court has ruled that seniority for workmen in the Indian Railways cannot be reckoned from the date they were screened for permanent absorption but only from the date of their actual absorption as permanent employees. This decision, delivered by Justice Sanjay Kumar Medhi on September 11, 2024, has set aside awards passed by the Central Government Industrial Tribunal (CGIT), which had ruled otherwise.

Background of the Case

The case in question involved three writ petitions filed by the Union of India, through the General Manager, NF Railways (WP(C) No. 6905/2014, WP(C) No. 8/2015, and WP(C) No. 9/2015). The respondent in all three cases was the General Secretary of the Rail Mazdoor Union.

The dispute originated from a demand raised by the Rail Mazdoor Union, seeking the fixation of seniority for certain employees from the date they were screened for permanent absorption. These employees were initially engaged as casual laborers and later underwent screening for permanent status. However, their absorption into permanent positions occurred on May 15, 1996.

The CGIT, in its earlier awards passed in 2014, had ruled that seniority should be reckoned from the date of screening. This decision prompted the NF Railways to file the current writ petitions challenging the tribunal’s awards.

Legal Issues Involved

Two main legal questions were central to the case:

1. Date of Seniority: Whether seniority could be counted from the date of screening or the date of actual permanent absorption.

2. Maintainability of the References: The maintainability of the case, with the petitioners arguing that the Rail Mazdoor Union, which raised the dispute, was not a recognized union and thus could not raise the industrial dispute.

Arguments Presented

For the Petitioner (Union of India), Advocate D.K. Dey argued that, as per the Indian Railway Establishment Manual, Volume II, seniority could only be reckoned from the date of permanent absorption, not the date of screening. He emphasized that while the workers had undergone screening in 1984 and 1988, they were not permanently absorbed until May 15, 1996. The petitioner also relied on a Supreme Court judgment in M. Ramakotaiah v. Union of India (2007), which held that seniority should be calculated from the date of permanent appointment.

For the Respondent (Rail Mazdoor Union), Advocate M.U. Ahmed argued that the employees had already been serving in the construction department before their transfer to the open line. He contended that the date of screening should be considered for seniority and further argued that the dispute raised by the union was valid, irrespective of its recognized status.

Court’s Decision and Observations

The Gauhati High Court, after hearing both parties and reviewing the records, ruled in favor of the petitioner. Justice Sanjay Kumar Medhi observed that the Indian Railway Establishment Manual clearly states that seniority cannot be reckoned from the period before permanent absorption. The court emphasized:

“The seniority for the period prior to regular appointment cannot be counted. It is not in dispute that the permanent status or permanent absorption of the workmen was done only on 15.05.1996. Therefore, it cannot be countenanced that prior to such date, the seniority of the workmen can be reckoned.”

In support of its decision, the court referred to the M. Ramakotaiah case, which held that casual laborers granted temporary status cannot count their prior service for the purposes of seniority unless determined otherwise by a judicial pronouncement. The court rejected the argument that seniority could be reckoned from the date of screening, stating that:

“The date of undergoing screening for permanent service cannot be reckoned to be the date when such permanency was conferred.”

On the second issue, concerning the maintainability of the references made to the CGIT, the court found it unnecessary to delve into whether the Rail Mazdoor Union was a recognized union, given that the matter had already been resolved on its merits.

In conclusion, the Gauhati High Court set aside the awards passed by the CGIT and held that the employees’ seniority could only be reckoned from the date of their permanent absorption—May 15, 1996—and not from their earlier screening dates. This judgment clarifies the legal position on seniority calculation in the Indian Railways and will likely impact similar disputes in the future.