1993 (5) TMI 202 - SC - Indian Laws

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

Whether the petitioners, casual laborers of South Eastern Railway retrenched between 1975-78, are entitled to re-employment as a matter of law.
Whether the petitioners have lost their right to re-employment due to the delay in asserting their claims.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Entitlement to Re-employment

Relevant legal framework and precedents: The petitioners' claim is based on circulars issued by the Railway Board in 1981 and judgments by the Supreme Court in 1985 and 1987, which directed the preparation of a scheme for the absorption of casual laborers according to their seniority.
Court's interpretation and reasoning: The Court acknowledged the recognition of the right of casual laborers employed in projects to be re-employed in railways by both the Railways and the Court. However, the petitioners failed to take timely steps to enforce their claim.
Key evidence and findings: The petitioners made a vague representation in 1990 without providing material particulars or evidence that they were covered by the scheme framed by the Railways.
Application of law to facts: The Court noted that a writ is issued in favor of a person who has some right, not for a roving inquiry. The delay in asserting their claims deprived the petitioners of the remedy available in law.
Treatment of competing arguments: The petitioners' counsel urged the Court to allow them to produce identity cards for verification, but the Court found it too dangerous to permit such an exercise due to the potential for maneuvering.
Conclusions: The Court concluded that, in the absence of positive material to establish the petitioners' employment and retrenchment, it would not be proper to direct the opposite parties to verify the petitioners' claims.

Issue 2: Loss of Right Due to Delay

Relevant legal framework and precedents: The principle that delay itself can deprive a person of their remedy in law was considered.
Court's interpretation and reasoning: The Court emphasized that, without any fresh cause of action or legislation, a person who loses their remedy by lapse of time also loses their right.
Key evidence and findings: The petitioners did not approach the authorities or the Court until 1990, more than 15 years after their alleged retrenchment.
Application of law to facts: The Court found that accepting the petitioners' prayer would deprive others who have become eligible and entitled to claim employment in the meantime.
Treatment of competing arguments: The Court considered the possibility of taking a sympathetic view but found insufficient evidence to support the petitioners' claims.
Conclusions: The Court concluded that the delay in asserting their claims resulted in the loss of any right the petitioners may have had.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: "A writ is issued by this Court in favour of a person who has some right. And not for sake of roving enquiry leaving scope for maneuvering."
Core principles established: The Court established that delay in asserting a claim can result in the loss of both the remedy and the right itself. A writ cannot be issued on vague claims without material evidence.
Final determinations on each issue: The Court dismissed the writ petitions, concluding that the petitioners failed to establish their entitlement to re-employment and had lost any right due to delay.

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