On January 20, 2026, the Calcutta High Court finally provided some relief to these workers, directing that they must be paid wages for a period of 100 months, between April 2001 and July 2009, along with interest.
The victory came after a protracted legal battle that stretched across more than two decades, during which the workers were compelled to knock on the doors of courts, tribunals, and labour authorities in their fight for unpaid wages.
The workers were helpers and vendors engaged in selling food and refreshments at Kharagpur Railway Station. Their services were used daily to cater to passengers, an activity that generated revenue for the Railways, yet remained unpaid for years.
What happened
Ajitesh Pandey, one of the advocates appearing for the petitioners, said, “The problem began after the Railways entered into a profit-sharing agreement with a private contractor, M/s Dynamic International, in 2001. Under this arrangement, the contractor was allowed to sell food at the station and keep 75 per cent of the sales, while the Railways received 25 per cent. The contractor used the labour of these 172 workers to run stalls and trolleys.”
He added, “While the Railways and the contractor earned from the catering business, the workers were caught in the middle. When they demanded wages, the contractor claimed the workers were not his employees. The Railways, on the other hand, said the responsibility lay with the contractor. As a result, the workers were left unpaid.”
How the workers survived
On being asked why the workers continued for eight years without wages, Arvind Pandey, general secretary, Kharagpur Division Railway Thikadar Mazdoor Congress, told The Indian Express, “The main reason was greed. The then catering manager had told the workers they would get permanent jobs just like the railway commission vendors. They were also told that they would be given 10-15 per cent commission for selling food.”
Pandey also said that the workers survived by engaging in “unfair means”. “On July 3, 2012, T B Moitra, Labour Enforcement Officer, Kharagpur, had submitted an enquiry report in which it was mentioned that, suppose 80 puris can be made from a kilogram of flour, then the workers would make 100. If a portion of aloo dam was supposed to have five pieces of potatoes, they would give four or give only 50 ml of tea instead of the mandated 70 ml. By selling the 20 puris or the excess potatoes and tea, the workers managed to survive,” Pandey said.
While hearing the case, the Calcutta High Court noted that the Labour Enforcement Officer (Central) had examined the matter and found that both the contractor and the Railway administration were responsible for the abnormal delay in payment. The court also noted that the enquiry report clearly stated that the workers’ claim was genuine. However, despite this finding, the workers still did not receive their dues.
What the enquiry report says
The enquiry report, a copy of which is available with The Indian Express, says, “Prior to 2001, the food items at Kharagpur Rly Stn were being sold by the Railway Commission vendors who were directly under the control of the Railways and were receiving commission from the Railway catering department for sale.”
After a 1997 Supreme Court order, the commission vendors were regularised into railway service. At Kharagpur Railway Station, 86 such commission vendors worked, and they were permitted to have two assistants each, making the total sub-vendors 172.
The enquiry report stated that the workers tried their best to be heard, but the Railway administration and the contractor “probably did not pay any heed to their legitimate demand”. It added that the workers were “put to undue risk and stress by their employers who reportedly used to threaten them, indicating withdrawal of their Identity Cards”.
What the workers said
Over the years, the workers approached multiple authorities, including the Central Administrative Tribunal, labour officials, and the High Court, Pandey said.
“Many of their cases were dismissed on technical grounds, such as limitation or jurisdiction, without ever addressing the core issue, that they had worked for years without wages,” Pandey added.
Speaking to The Indian Express, Pradip Dey (52), a tea vendor, said, “The catering manager lured us by saying he would get us a permanent job and also get us a commission. But neither did we get the jobs nor were we paid commissions till 2009.”
He added, “We had a tough time making ends meet. While my mother worked as a maid, my father worked as a labourer. With no steady income in sight, I used to ask passengers for some money. Some would give, some would abuse. I feel very ashamed to say this, but I had no other way out.”
While the complaint against the then catering manager is consistent among all the workers The Indian Express spoke to, asking for alms to run their families was not the only way out for all of them. 42-year-old Nandadulal Dutta said, “We are supposed to provide 70 ml of tea to passengers, but we gave only 50 ml. By selling whatever we saved, we made some money to help run our families.”
Accepting that they had no option but to resort to unfair means, Anil Rana (51), who worked at a food trolley, acknowledged the findings of the enquiry report. “Yes, we did make eight to 10 puris extra out of one kilogram of flour and made the chapatis thinner than usual to sell whatever we could squeeze out,” Rana said.
Rana was echoed by Milon Sau, who said that if a food item was meant to be sold at Rs 20, they charged passengers Rs 21. “But whatever we did, we did to run our families,” Sau, who is now in his fifties, said.
All four workers are residents of Kharagpur.
Erring ‘catering manager’ and action taken
Pandey said the then catering manager was Narendra Prasad, who was later removed from service. The Indian Express accessed the termination letter issued to Prasad on March 31, 2011, which said he is a “blot on the system leading not only to the loss of the revenue to the government exchequer but the loss of image of the Railway Administration”.
In the letter, undersigned by the Senior Divisional Railway Manager, Kharagpur, Prasad has been mentioned as OS–Gr II under Sr. DCM/KGP. Prasad was removed with “immediate effect as a measure of disciplinary action without any compassionate allowance”.
What Calcutta HC said
The High Court observed that the workers had been “running from pillar to post” for decades and that their wages for the 2001–2009 period had never been paid. The court rejected the argument that the workers were merely helpers with no employer-employee relationship. It relied on official agreements, identity cards issued to the workers, and admissions by the contractor to conclude that they were contractual labourers working under the Railways as the principal employer.
Justice Shampa Dutt (Paul) held that under the Contract Labour (Regulation and Abolition) Act, the contractor was legally responsible for paying wages. The court further ruled that if the contractor fails to do so, the Railways, as the principal employer, must step in and make the payment and later recover the amount from the contractor.
Considering that the workers began receiving monthly payments of ₹4,000 to ₹10,000 only after 2009, the court fixed ₹4,000 per month as the minimum wage payable for the unpaid years. The contractor has been directed to pay the wages with statutory interest within 30 days. The consolidated amount, without interest, comes to ₹6 crore 88 lakh. If the dues are not paid, the Railways must pay the workers and then recover the money from the contractor.
The court made it clear that no worker who has put in honest labour can be denied wages, especially for such an extended period.
No end to their plight
Although the Calcutta High Court order goes in their favour, most of the 172 workers do not have any permanent employment. After the contract with M/s Dynamic International ended, most of the workers were rendered unemployed.
Left with little choice and age not on their side, some of them started working as hawkers independently. However, since this is illegal, the railway police often impose fines on them.
Sau said, “We don’t have any option left. Even if the police impose fines on us, at this age, finding a different type of employment is nearly impossible. We have a family to look after.”
Taking up their cause, Pandey said, “These workers have been engaged in this job for years; where will they go at this age? We demand a respectable life for them. They should be allowed to sell without being fined.”
Calcutta High Court News: The workers were helpers and vendors engaged in selling food and refreshments at Kharagpur Railway Station. (Photo: Wikimedia Commons) 
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