HC to decide fate of 50+ workers in railway tender battle

The Bombay High Court reviews a petition challenging age restrictions in a railway cleaning tender, raising concerns for older workers' rights.

MUMBAI: A vacation bench of the Bombay high court led by justices Arif S. Doctor and Somasekhar Sundaresan on Thursday reviewed a petition challenging age restrictions imposed by the Railway Board in a recent tender for cleaning of internal and external railway coach services.

HC to decide fate of 50+ workers in railway tender battle

The case filed by the Saheb Kamgar Sena through its president Suresh Parshuram Vichare raised questions about the rights of older workers in the cleaning industry which, they said, have implications for the fundamental rights of union members.

Representing the petitioners, senior advocate Arshad Shaikh argued that a clause of the tender document unfairly restricts the age of workers the contractor may employ. This clause, he claimed, is discriminatory and could severely affect the livelihoods of union members over 50, potentially leaving them without work if the tender proceeds under current terms. Shaikh’s team contended that this age limit violates workers’ rights and public policy and requested the court to intervene.

While stating that the technical bid for the tender was opened on August 17 and the financial bid will open on November 14, railways’ counsel TJ Pandian informed the court that the Railway Board will file a detailed response regarding the age restriction clause before the next hearing.

The case, which pits workforce rights against administrative policies and could shape future labour regulations within government tenders, particularly concerning the employment of older workers in contracted services, will be heard by a regular bench now after the court scheduled it for November 12.