O.A. 475/2007. Case: 1. Defence Canteen Civil Employees Association, General Secretary C. V. Haridas, 2. K. A. Joseph Vs 1. Union of India, Secretary, Ministry of Defence, New Delhi, 2. Flag Officer Commanding-In-Chief, Southern Naval Command, Kochi, 3. Commanding Officer, Ins Dronacharya, Fort Kochi. Central Administrative Tribunal
| Case Number | O.A. 475/2007 |
| Counsel | T. A. Rajan, C. K. Jayakumar, T. P. M. Ibrahim Khan |
| Judges | George Paracken (Judicial Member) & K. Noorjehan (Administrative Member) |
| Issue | Payment of Bonus Act, 1965; Payment of Gratuity Act, 1972 |
| Judgement Date | February 06, 2009 |
| Court | Central Administrative Tribunal |
Judgment:
K. Noorjehan (Administrative Member), (Ernakulam Bench)
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The applicants are aggrieved by the non-grant of bonus to the Unit Run Canteen employees of INS Dronacharya for the years 2005 and 2006.
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The first applicant is a registered Trade Union of Defence Canteen Civil Employees and is represented by its General Secretary. The first applicant is authorised to file the O.A. for and on behalf of the Unit Run Canteen employees of INS Dronacharya, Kochi by the General Body. The second applicant is working as Helper in the Unit Run Canteen of INS Dronacharya Kochi. He is also a member of the first applicant Association.
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According to the applicants, the second applicant commenced service as a Casual Labour Helper in the Unit Run Canteen, INS Dronacharya, Kochi in March, 1986. Later he was regularly appointed as Helper on 7.4.1989. It is submitted that the employees of Unit Run Canteens were not treated as Government employees and were also not given benefit of regular defence personnel or civllian employees. Hence OAs were filed before the Tribunal claiming the benefits of regular defence personnel or civilian employees serving under Ministry of Defence and those OAs were allowed. The matter was taken before the Hon'ble Supreme Court of India and the Hon'ble Supreme Court in Union of India and Others Vs. M. Aslam and others (2001(1)SCC 729 held that the employees in Unit Run Canteens are employees under Government and directed Ministry of Defence to determine the service conditions of the employees in the Unit Run Canteens. Pursuant to the direction the Ministry of Defence has framed rules regulating terms and conditions of service of civilian employees of Unit Run Canteens paid out of Non-public fund and the same was forwarded to all the Commands for implementation (Annexure A1 and A2). It is submitted that Annexure A2 rules have been implemented in all other Unit Run canteens except the Unit Run Canteen INS Dronacharya. Hence the first applicant submitted several representations to the second respondent requesting to implement the Rules in Unit Run Canteen of INS Dronacharyaa. As it was not done the first applicant along with another employee approached this Tribunal through O.A. 518/2005. This Tribunal by order dated 8.11.2005 disposed of the said OA directing the respondents to complete the process of implementing the Rules within a period of three months from the date of receipt of a copy of the order. (Annexure A-3) In pursuance of Annexure A-3 order the 2nd applicant was appointed as Helper w.e.f. 16.2.2006. (Annexure A-4). Similar appointment orders were issued to other employees in the canteen of INS Dronacharya. It is submitted that the Army HQrs issued Annexure A-5 and A-6 clarifications to the terms and conditions of service of civilian employees of the Canteen...
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