Roshan B. Goswami, Advocate

Principle of res judicata to apply between two stages of the same proceedings as well.

Para 11 : “The principle of res judicata is based on the need of giving a finality to judicial decisions. The principle which prevents the same case being twice litigated is of general application and is not limited by the specific words of Section 11 of Code of civil Procedure in this respect. Res judicata applies also as between two stages in the same litigation to this extent that a court, whether the trial court or a higher court having at an earlier stage decided a matter in one way will not allow the parties to re-agitate the matter again at a subsequent stage of the same proceedings. (See Satyadhan v. Smt. Deorajin Devi [1960]3SCR590”

Para 12: “…The decision rendered by this Court concluded the controversy and it was not permissible to any party or to any authority/tribunal or court, including the High Court to re-open the issue and to record a contrary finding. We are clearly of the opinion that the High Court committed manifest error of law in re-examining the question and recording a finding, which is totally in variance with the earlier decisions of this Court.”

Work charged workers/muster roll workers rights

Para 22 “It is, however, heartening to learn that the State Government has agreed not to terminate the Muster Roll, Work Charged and similarly placed employees working since last more than 10 years (not in sanctioned post) till their normal retirement, except on disciplinary ground or on ground of criminal offences. The State Government has also agreed to enlist such employees in Health and Accidental and Death Insurance Scheme,
which will be prepared in consultation with the State Cabinet. We appreciate this positive stand of the State Government taken as welfare measures for the betterment and security of the employees, in question. We, accordingly, direct the State Government to implement the measures without further delay. Besides this, we, in the
light of decision of the Supreme Court in State of Punjab v. Jagjit Singh,(2017) 1 SCC 148, also direct the State Government to pay minimum of the pay scale to Muster Roll workers, Work Charged workers and similarly placed employees working since last more than 10 years (not in sanctioned post) with effect from 1.8.2017.”

Key benefits for muster roll /work charged employees working in non-sanctioned posts for a period of 10 years and engaged prior to 1.04.1993

1. not to terminate the Muster Roll, Work Charged and similarly placed employees working since last more than 10 years (not in sanctioned post) till their normal retirement, except on disciplinary ground or on ground of criminal offences.
2. enlist such employees in Health and Accidental and Death Insurance Scheme
3. pay minimum of the pay scale to Muster Roll workers, Work Charged workers and similarly placed employees working since last more than 10 years (not in sanctioned post) with effect from 1.8.2017.

U.P. State Road Transport Corporation vs. State of U.P. & Ors. [(2005) 1 SCC 444]

State of Assam vs. Upen Das (WA No. 45/2017)