Courts must protect poor to preserve India's socialist goal in Constitution: Delhi High Court

The Delhi High Court recently stressed that courts must ensure the protection of rights of weaker sections of the society to preserve the ‘socialist’ structure of India envisaged in the preamble of the Constitution.[Union of India and Ors Vs Mithai Lal and Ors].

The Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla made these observations in a matter concerning regularisation of the vendors engaged by Indian Railways.

“It is time that Courts protected the interests of the weaker sections of the society and persons drawing paltry wages, so as to ensure that the socialist structure of our democracy – which is a preambular goal – remains intact,” the Court said in a judgement delivered on September 8.

The petitioner-vendors had initially been engaged on a commission basis by the Railways. After years of service, they moved the Central Administrative Tribunal (CAT) claiming regularisation of their services in Railways.

In a 2016 order, the CAT directed Railways to regularise the services of the vendors within 90 days along with allowances and cost of litigation. It also observed that the vendors were very poor people who had spent a considerable amount of money in running from pillar to post to get their dues.

The Central government sought review of the order, which was dismissed. Thereafter, it moved the High Court against the CAT order. 

The Railways submitted that they absorbed some of the eligible bearers/ vendors into regular service in Group-D posts.

The Court said the Railways could not have resorted to any process of screening to eliminate some or even any of them from regularisation. It also said that the Railways was unable to substantiate that several of the respondents (those who approached CAT) had been absorbed as Group-D employees.

“To say the least, this is very disturbing. One would expect the Railways to display candour both before the Tribunal as well as before this Court,” it said.

The Court added that for decades, no substantial progress took place with respect to the absorption or regularisation of vendors and bearers in the Railways.

“it is a matter of deep regret that low paid Group-D employees, working as bearers and vendors, are having to litigate for decades in order to secure their just entitlements, despite the directions issued by the Supreme Court on more than one occasion,” it said.

Therefore, the Court refused to interfere with CAT’s decision. It stated that the Tribunal was lenient in imposing cost on Railways.

“We would have been inclined, in fact, to enhance the costs awarded by the Tribunal but, somewhat hesitatingly, refrain from doing so,” it said.

The Court directed Railways to comply with the directions passed by CAT within four weeks.

The Court was informed that contempt proceedings were initiated before the Tribunal against Railways but were kept on hold until disposal of this case.

It directed the Tribunal to revive the contempt proceedings in case Railways does not comply with the directions in this judgment.

Central government standing counsel Mukul Singh and Pratima N Lakra with advocates Aryan Dhaka, Shailendra Kumar Mishra and Upanita Soumyadarshini appeared for Union of India.

Advocate Ambhoj Kumar Sinha appeared for the vendors.

[Read Judgment]