(Delivered by NOOTY.RAMAMOHANA RAO,J) This writ appeal is directed against the order passed on 20.10.2016, by the learned single Judge in Writ Petition No.28498 of 2016, impleading suo motu (1) the Union of India, Ministry of Railways and (2) the Chairman, Railway Board, as parties to the writ petition.
2. The controversy raised in the writ petition revolves around the apprehended change of conditions of service of those who are employed in Railway Employees Co-operative Credit Society Limited, Chennai. The writ petitioner is the Railway Employees Co-operative Society Staff Union. For resolution of the lis in the writ petition, neither the Union of India nor the Railway Board or its Chairman, is necessary or property party. The employees working with the Railway Employees Cooperative Credit Society Limited, Chennai, are not the employees of the Indian Railways.
3. In fact, a similar question has fallen for consideration before a three Judge Bench of the Supreme Court in Union of India (Railways Board) and others vs. J.V.Sbhaiah and others-1996 (2) SCC 258. The Supreme Court held that "the officers, employees and servants appointed by the Railway Co-operative Stores/Societies cannot be treated on par with Railway servants under paragraph 10B of the Railway Establishment Code nor they can be given parity of status, promotions, scales of pay, increments etc."
4. Hence, the order passed by the learned single Judge based upon the premises that any lis concerning with the employees of the Railway Employees Cooperative Credit Society, requires to be adjudicated in the presence of the Union of India represented by its Ministry of Railways or the Railway Board or its Chairman or the General Manager of the Southern Railway, is not sustainable since Union of India is not a proper or necessary party.
5. The writ appeal stands allowed and the order passed by the learned single Judge impleading the Union of India and the Chairman, Railway Board as parties to the writ petition suo motu, is set aside. The writ petition will now proceed against the Respondents 1 to 3 only. No costs. Consequently, C.M.P.No.17371 of 2016 is closed.
3. The Secretary, Department of Labour and Employment, Fort St. George, Chennai- 600 009.
4. The General Manager, Southern Railway, Central Chennai, Poonamallee, Chennai.
5. The Secretary, Union of India, Ministry of Railways, Railway Bhavan, New Delhi 110 001.
6. The Chairman, Railway Board, Rail Bhavan, New Delhi 110 001.
NOOTY.RAMAMOHANA RAO,J and S.M.SUBRAMANIAM, J gr.
W.A.No.1350 of 2016 05.01.2017 http://www.judis.nic.in