IMPORTANT POINT
Sub-Divisional Inspector of Post in Postal Deptt. is not an "Industry" nor its Extra Departmental Agents are "workmen" under I.D. Act, 1947 and so for termination of ad hoc/temporary substituted employees appointed de hors the Rules for Extra Departmental Staff in Postal Deptt. Rule 6 will apply and Tribunal was wrong to apply Section 25F of I.D. Act and directing their re-instatment.

ORDER

C.A. Nos. 3389, 3390, 3387, 3388 and 3392 of 1996 [@ SLP Nos. 1918, 1919, 10190 and 17577/95, 6163/93 and C.A. No. 2431/94]

Leave granted.

2. We have heard the learned counsel on both sides.

3. Shri N.G. Malik, E.D. Packer was recruited on September 21, 1991 and sent for training from September 23, 1991 to October 2, 1991. The respondent came to be appointed as a substitute w.e.f. September 21, 1991 without observing any formality of appointment, as a stop-gap arrangement. It would appear that N.G. Malik had not reported for duty after the training and the respondent continued in the post of E.D. Packer. On August 2, 1993, without notice, he was terminated from service. He approached the CAT, Ahmedabad Bench in O.S. No. 51/1994 and same are the facts in all other cases.

4. The Tribunal by its impugned order dated May 12, 1994 allowed the case, set aside the orders of termination of Sailesh Kumar on the ground that the appellant is an industry, the respondent is a workman governed by the Industrial Disputes Act, 1947 (for short, the Act ). Under Section 25F, no notice was issued terminating the service nor retrenchment compensation was paid, therefore, the respondent is entitled to reinstatement and it would be open to the appellant to take action against him according to the relevant provisions of the Act. Thus these appeals by special leave. similar views are expressed by all the Tribunals covered in the batch.

5. Shri Goswami, learned senior counsel for the appellants, contended that appointments of these Extra-Departmental Agents are regulated under the statutory instructions issued by the Director General of Postal and Telecommunication from time to time. Being governed by those statutory rules, they are not permanent employees. They are only part-time employees on contract basis subject to the conditions mentioned therein. Therefore, neither the appellant is an industry nor is the respondent a workman under the provisions of the Act. The Tribunal, therefore, was wrong in its finding that the provisions of the Act are attracted. The learned counsel appearing for the respondent and also Sri Nambiar, counsel appearing for the other respondents, contended that the counsel who appeared for Union of India before the Tribunal have conceded that the appellant is an industry and, therefore, the Tribunal was right in its conclusion that the procedure prescribed in the Act shall be followed. Since no notice under Section 25F of the Act was given, the termination of the service is illegal and, therefore, is consistent with law.

6. Having regard to the contentions, the question arises whether the appellant is an Industry? India as a sovereign socialist, secular democratic republic has to establish an egalitarian social order under rule of law. The welfare measures partake the character of sovereign functions and the traditional duty to maintain law and order is no longer the concept of the State. Directive principles of State policy enjoin on the State diverse duties under Part IV of the Constitution and the performance of the duties are constitution functions. One of the duty is of the State is to provide telecommunication service to the general public and an amenity, and so is one essential part of the sovereign functions of the State as a welfare State. It is not, therefore, an industry.

7. The appointment of the respondent is governed by the Rules in Section III of the compilation of Swamy s Service Rules for Extra-Departmental Staff in Postal Department. The Rules provide the method of recruitment thereunder. The age qualification has been prescribed between 18 to 65 years. The equcational qualifications have been prescribed with. Matriculation as minimum qualification for Extra-Departmental ED Sub-Postmasters and ED Branch Postmasters. VIII Standard as minimun educational qualification has been prescribed for ED Delivery Agents, ED stamp Vendors and all other categories of EDAs and preference is given to the candidates with Mat