Judgment

VENKATARAMIAH, J. :- The question involved in these petitions is whether the workmen who were working in canteens established under S. 46 of the Factories Act. 1948 (hereinafter referred to as the Act) in Ordnance Equipment Factory, Kanpur, Central Ordnance Depot, Kanpur and Air Force Station. Kanpur are entitled to claim the period of service in such canteens prior to 22-10-1980 as part of the qualifying service for claiming pension.

2. The three industrial establishments, referred to above, namely; Ordnance Equipment Factory, Central Ordnance Depot and Air Force Station, Kanpur are defence establishments forming part of the Defence Department of the Union of India. By the Order No. 18(1)80/D(JCM) dated the 25th July, 1981 sanction was accorded by the President of India to treat all employees of canteens established in Defence Industrial Installations under S. 46 of the Act as Government employees with immediate effect. By an amendment, the said Government Order was given effect from 22-10-1980. The Government Order further provided that it would be applicable to all employees of the statutory canteens irrespective of the type and management of the canteens and till the Gov