Welcome to All of you for attending seminar

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Welcome To All Of You For Attending Seminar
on
COURT CASES (Staff Matters only)
Presented by SR. DIVL. PERSONNEL OFFICER,
S.E.RAILWAY, ADRA
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Introduction
Some years ago we often call Railway servants
which we now started calling railway employees.
Due to conceptual error, we regarded the
subordinates as servants or sometimes as slaves.
We seldom used to think over their grievances. It
is observed that some Railway employees file
Court Cases before the Honble Courts when they
think and even feel that their grievances are not
considerably redressed by the Railway
Administration. Human Resource Managers believe
that manpower or work force is the main factor of
the production system and very such vigilant
about their grievances. 20 of genuine
grievances are not redressed by the
administration while 80 of the cases having no
merit go in favour of the Railways. We are not
worried with this 80 but it is time to think
over the 20 and build up an image before our
Railway family members. In 20 cases when
persons do not get their dues what they think
admissible even after knocking door of the
Administration, go to Courts and seek legal
Judgement. But in 80, people are of court going
and contesting nature, out of emotion and
thinking themselves deprived of legitimate dues
go to the court as a habit without going in depth
results of the case. Thus contesting a case is
not always due to laps of the administration but
as a nature or habit of some people.
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OBJECTIVES

• To give check on increasing Court cases against
  the Railway.
• To make aware of on going Court Cases.
• To make aware of quantum of losses and injuries
  that Railway suffers from due to lapses on our
  part.
• To achieve Human Resource Development by way of
  attending grievances in time aiming at minimizing
  Court case.
• To build up an image of Indian Railways as a
  dispute free Organisation that cares for its
  family members.
• To examine the real reasons of cropping up of
  Court cases and role of Railway Administration is
  giving birth of such cases.
• To check financial as well as Manpower loses of
  the Railway Administration by filling any appeal
  before the Higher Forum having no merit or little
  merit of the case.
• To advice Railway employee to refrain from
  involvement in the litigation by unnecessarily
  filing Court cases before the Honble Courts
  without availing grievance redressal machinery
  set up in the divisional Head quarters level.
• To recommend Control measure.

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Reason Analysis

• Lack of proper attention to the grievances of the
  employees/ beneficiaries at appropriate levels
  appropriate time.
• Avoiding attitude in discharging of duties and
  responsibilities to others.
• Revengeful attitudes instead of fellow feeling.
• Lack of proper Counseling on the grievances about
  admissibility of claims.
• Lack of Co-ordination among the departmental
  heads at Divl. Level.
• Procedural lapses and violation of rules.
• Ignorance about the rules.
• Non availability of record or improper
  maintenance of records leads to non availability
  of records resulting in non-redress ability of
  grievances, which is long run, appears as a court
  case.
• Misappropriation of rules.
• Intentionally suppression of real fact/rules.

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Control Measure

• Officer should give more time to staff interview,
  personal hearing and increase Personal
  intervention instead of depending on dealers.
• ADRM in Divl. Level need to be regarded as
  Co-ordinating Officer in minimization of Court
  Cases.
• As soon as a pleaders notice or representation
  is received directly or through advocate or Trade
  Union or Personnel Inspector or otherwise it must
  be examined with proper spirit and the aggrieved
  be communicated in writing if the grievance is
  not genuine and if true the benefit admissible be
  given at the earliest possible time limit.
• If a person is communicated in writing the reason
  of non admissibility of any claim and still goes
  to Court and finally defeated. He/she should be
  given a punishment besides recovery of the cost
  of law suit spent by the Railways, from the
  person concerned for intruding upon railway
  administrations time and money.
• Any person goes to Court, be warned that he/she
  should make use of departmental grievance
  redressal machinery first. Secondly meet the
  officers in person and still if he/she is not
  satisfied can go to Court.
• Aggrieved staff should be given a chance to sit
  together and speak freely for settlement of
  growing and on-going cases through ON THE TABLE
  discussion.
• Coming forward with a liberal view and good
  Counseling also can reduce a number of cases.

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ACTION TO BE TAKEN TO REDUCE COURT CASES

• All Branch Officers of the division Officer
  entrusted to deal court cases at Head Qrsoffice
  have to handle all court cases (related to
  establishment Matters) at his level for immediate
  disposal to avoid contempt.
• Dealers of the Court cell must be directed to
  attend respective court on the date of hearing
  along with all original and relevant documents to
  explain court and submit the documents on the
  demand of the Honble court through conducting
  Advocate.
• In all contempt cases nominated Officer must
  attend court on the date of hearing along with
  all original and relevant documents to explain
  court and submit the documents on the demand of
  the Honble court through conducting Advocate and
  take appropriate action to avoid personal
  appearance of higher authorities.
• Reply must be filed before the Honble court(s)
  within stipulated time limit. Accordingly
  Para-wise comments of all new cases within two
  weeks time from the date of receipt of the
  application for onward transmission of the same
  to the nominated Rly. Advocate for preparation of
  draft reply.
• The cases pending far away from the Divisional
  Headquarters which were being neglected
  because of lack of initiative of Rly. Advocates
  as well as court cell. Particularly one SWI
  should be nominated to co-ordinate the issue with
  the Railway Counsels of that Courts.
• Similarly for Workmens compensation court,
  Labour Court, Civil Court cases, one SWI / well
  conversant staff should be nominated who will
  visit the above Subordinate Courts once in every
  fortnight.
• On every Friday Ch.OS/Court Cell has to be
  advised to give progressive reports of court
  cases heard during the previous week, contempt
  cases, and judgement cases for implementation and
  further programme of the next week.
• To reduce the ongoing court cases, a programme
  may be initiated to call for the applicants to
  Sr.DPO for finalization of their grievances on
  table discussion in the last day of every month
  if permits by the Hd. Quarters.
• New borne cases the dealer is personally
  responsible to dispose of the case.

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VARIOUS COURTS IN THIS COUNTRY ACCORDING TO THEIR
STATUS
?
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CENTRAL ADMINISTRATIVE
TRIBUNAL ? CAT has been established by the
Central Government w.e.f. 01.11.1985. ? Status
of CAT is equivalent to High Court. However,
preferring any appeal to Supreme Court against
any impugned CAT-order should be rooted through
Honble High Court. CONSTITUTION OF CAT
- ? The Headquarters of CAT is at New Delhi
called Principal Bench. ? CAT/Principal Bench is
consisting of one Chairman assisted over by 4
members 2 from Judicial side and 2 from
Administrative side. ? There are 14 others
Benches all over the Country. ? Consisting of
Bench ? One Vice Chairman from Judicial side and
one Member from Administrative side. ? The
Headquarters of the Benches are ? Ahmedabad,
Allahabad, Bengalore, Chandigarh, Kolkata,
Cuttack, Ernaculam, Guwahati, Hyderabad,
Jabalpur, Madras, Mumbai and Patna.
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• OBJECT OF THE CAT
• Quick disposal of service matters.
• Cheaper and quicker system.
• Early judgment.
• Simple procedure.
• DEALING WITH COURT CASES
• 1) On receipt of O.A. / Petition / Suit.
• Examine ? i) Who are the applicants and
  respondents.
• ii) Date of admission hearing.
• Nominate Railway Counsel from the panel duly
  obtaining approval of the Competent Authority.
• Issue engagement letter and Vakalatnama duly
  signed by the competent authority to the
  nominated Railway Counsel.
• Prepare Parawise Comments with the help of
  section / department concerned.

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• The Draft-reply to be returned duty vetted by the
  competent authority to the Railway Counsel for
  preparation of final reply.
• The Competent Authority as per CPO(C/C)/GRCs
  Circular No. P/CC/Circular/92 dated 25.08.92
  should sign each page of reply and affirm
  affidavit of final reply be prepared by the
  Railway Counsel.
• Final reply to OA/Petition/Suit is, therefore,
  submitted before the Honble Court/Tribunal
  through the nominated Railway Counsel.
• Inform the Railway counsel 2/3 days before the
  scheduled date of hearing of the matter, if
  possible.
• In response to the reply submitted by the Railway
  Administration, the appellate side may file
  rejoinder.
• Immediately receipt of the rejoinder, necessary
  parawise comments to rejoinder is required to be
  prepared and handed over to the Railway Counsel
  well in advance prior to hearing date of the
  matter.
• At the time of hearing, staff who well conversant
  with the matter be deputed to present and assist
  the Railway Counsel to defend the Railways.
• ACTION TO BE TAKEN AFTER RECEIPT OF
  JUDGEMENT/ORDER PASSED BY THE HONBLE COURT/
  TRIBUNAL AGAINST THE RAILWAY ADMINISTRATION.
• Obtain legal opinion of the Railway Counsel in
  regard to merits/demerits of the matter.
• 2) Put up a note indicating details fact of the
  case, operative portion of the Judgement/Order,
  respective Railway Rules, and opinion of the
  Railway Counsel for enabling the Railway
  Administration to conclude the matter and pass a
  decision towards implementation of the Judgement
  / order or to defend the matter before the Higher
  Forum.

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• 3) i) IF THE COMPETENT AUTHORITY DESIRES TO
  IMPLEMENT THE JUDGEMENT/ORDER
• The file should be referred to the concerned
  section/department towards implementation of
  Judgement/Order immediately / within the
  stipulated time limit prescribed by the Honble
  Tribunal/Court.
• Time to time development / progress of the case
  towards implementation of the Judgement / Order
  passed by the Honble Tribunal/Courts should be
  looked into.
• If it is found that more time than the scheduled
  time prescribed by the Honble Tribunal/Court is
  required, an M.A. (Miscellaneous Application)
  towards extension of time should be filed before
  the Honble Tribunal/Courts prior to expiry of
  the Scheduled time limit.
• ii) IF THE COMPETENT AUTHORITY DESIRES TO FILE
  REVIEW PETITION BEFORE THE SAME TRIBUNAL/ COURTS
  -
• Immediately contact with the Railway Counsel and
  file Review Petition duly vetted and signed by
  the Competent Authority within one month from the
  date of passing Judgement/Order of the Honble
  Tribunal / Court.
• iii) IF THE COMPETENT AUTHORITY DESIRES TO FILL
  THE CASE BEFORE THE HIGH COURT
• Nominate Railway Counsel and Special Counsel (if
  necessary).
• Hand over Brief history of the case, Grounds to
  defend the matter, legible Xerox Copy of entire
  case fill such as OA, Reply of OA, Rejoinder,
  Reply to Rejoinder, Supplementary Affidavit if
  any, Railway Rules, Certified True Copy of the
  Judgement / Order (in Original), Vakalatnama etc.
  to the nominated Railway Counsel for preparation
  of a draft Writ Petition.

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• After finalization of the draft, final Writ
  Petition is to be filed before the High Court
  duly affirmation of affidavit by the Competent
  Authority before the Commissioner, of respective
  High Court.
• After filing Writ Petition, time to time
  development of the case should be looked into by
  deputing staff and over telephone in every
  fortnight.
• PROCEDURE FOR FILING SLP (SPECIAL LEAVE PETITION)
• 1) Duly obtaining valued opinion of the
  conducting Railway Counsel and Law Officer, the
  matter should be put up to the Competent
  Authority in a details note for obtaining his
  decision towards contesting the matter in the
  Supreme Court.
• If approved by the Competent Authority in
  Divisional/Workshop level, the matter is to be
  referred to Zonal Headquarters for obtaining
  approval.
• With the approval of Zonal Headquarters entire
  case file is to be sent to Railway Board for
  obtaining valued opinion of the Legal Advisor.
• Finally, the Central Agency Section, Ministry of
  Law is only competent to accord approval towards
  filing SLP and referred the case to Additional
  Solicitor General of India for further opinion.
• Central Agency Section nominate Advocate of
  Supreme Court for drafting SLP.
• 6) The Drafted SLP is to be collected from
  Central Agency Section through Railway Board.

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• Immediately, vetted draft SLP, cheque amounting
  to Rs.2500/- in favour of Central Agency Section,
  Vakalatnama duly signed by the Competent
  Authority, Typing copy of entire case files of
  CAT High Court, certified true copy of
  Judgement / Order passed by the Honble High
  Court and a statement showing day to day reason
  for delay in filing SLP should be handed over to
  the Central Agency Section.
• Concerned staff Officer (Not below the rank of
  Sr. Scale Officer) to attend Supreme Court to
  affirm Affidavit with his/her official stamp in
  respect of SLP as well as stay petition.
• TIME SCHEDULED FOR SOME STAGES TO BE KEPT IN
  MIND FOR DEALING WITH COURT CASE

Any appeal for condonation of delay in filing
Review/ Contempt appeal before the said
stipulated time limits, is not permissible.
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• PRESENTLY THE RAILWAY ADMINISTRATION FACING THE
  FOLLOWING BURNING PROBLEMS.
• 1) Executive side do not give due attention
  towards disposal of Court Cases resulting delay
  in disposal of courts order within stipulated
  time limit .
• The nominated Railway Advocates often do not
  attend/ appeared at the time of hearing or given
  proxy attendance or they appear before the Court
  without preparation.
• Some cases Honble High Court neither hear the
  matter nor granting stay in operation of CATs
  order inspite of filing several CANs. As a result
  Honble CAT pressing the Railway Administration
  to obtain Stay Order from the Honble High Court
  within 2 weeks/4 weeks failing which the order
  passed by Honble CAT to be implemented .
• Copies of O.As and Writ Petitions are not served
  to the Respondents by the Registry of the Honble
  CAT High Courts in case of Ranchi and Patna.
  But same are being received through Standing
  Counsels after elapse of one or two hearing dates
  with a direction to file reply before Honble
  Courts within time limit where Railway
  Administration finds no time to comply courts
  order in time .
• Some time, the Standing Counsels are himself
  engaging Railway Counsels without intimation to
  the Railway Administration. As a result, there is
  scope of double engagement of Railway Counsels in
  one case and moreover any conflicts may arise
  between the Railway Counsels.

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THANK YOU