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2009 Supreme(SC) 869

ARIJIT PASAYAT, AFTAB ALAM, P.SATHASIVAM
R. R. PILLAI (DEAD) THROUGH – Appellant
Versus
COMMANDING OFFICER HQ S. A. C. (U) – Respondent


ARIJIT PASAYAT, J.

( 1 ) DOUBTING correctness of the view of this Court in Union of India v. Mohd. Aslam (2001 (1) SCC 720) reference has been made to a three-Judge bench and that is how these appeals are before this Bench. The controversy lies within a very narrow compass.

( 2 ) THE issue is as to the status of an employee of Unit Run Canteen in armed Forces. While admitting Civil Appeal No. 3495/2005 the matter was referred to a larger Bench as noted above and other cases were tagged with civil Appeal No. 3495 of 2005. We shall deal with the factual scenario in civil Appeal No. 3495 of 2005 and after deciding the legal issues involved, apply the decision to the other appeals.

( 3 ) APPELLANT Shri R. R. Pillai was recruited as Airman in the Indian Air force on 7. 10. 1967 and was discharged from service on 31. 10. 1988 as Junior warrant Officer as he sought for premature retirement from service. Before his discharge he had been looking after the affairs of the Unit-Run-Canteen (in short the 'urc' ). After discharge he was engaged as Manager of URC at southern Air Command on an honorarium of Rs. 1,000/-P. M. w. e. f 1. 2. 1989. Para 6 of the appointment letter clearly stated that th













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