Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Tribunals Act 1985: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Administrative Tribunals Act, 1985: s.14 – Jurisdiction ofTribunal – Respondents engaged on casual basis by Armed Forcesin 1993 and 1994 respectively – Wages payable to them weredisbursed out of Regimental Funds – Terminated from services inthe year 2003 – Respondents challenged termination order beforeCAT – Tribunal quashed the order of termination and directed theirreinstatement on the ground that the respondents were working as‘civil cooks’ continuously since the date of their initial appointmentand they could not have been treated to be privately engaged asdaily wagers and Regimental Funds are not private funds raisedout of individual contributions made by the Army officers – HighCourt dismissed the writ petitions – On appeal, held: It was held inR.R. Pillai case that employees of Unit run canteens are not engagedby the Army authorities and do not hold a post under the UnionGovernment – Once it is held that employees of regimental canteensare neither government servants nor are they engaged in connectionwith a civil post under the Union, the Tribunal would not havejurisdiction to entertain the claim under s.14 of the Act – In view ofthis, the directions issued by the Tribunal were unsustainable – OfficeMemorandum dated 26 March 2012 of the Ministry of Defencewas wrongly relied upon by the respondents as the said Memorandumwas applicable to casual workers working in Directorates/Departments of the Ministry of Defence – Respondents were notemployed by either a Directorate or Department of the Ministry ofDefence – Order of Tribunal and the order of High Court affirmingthe same, are set aside – Service law – Armed Forces – Jurisdiction. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 1188 |
Petitioner | Union Of India And Others |
Respondent | Dyalu Ram |
SCR | [2018] 14 S.C.R. 941 |
Judgement Date | 2018-12-11 |
Case Number | 12004 |
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