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2018 Supreme(SC) 1896

D.Y.CHANDRACHUD, M.R.SHAH
Union Of India – Appellant
Versus
Dyalu Ram – Respondent


Advocates Appeared:
Kailash Vasudev, Sr. Advocate, Mr. R. Balasubramanian, Mrs. Sadhna Sandhu, Advocates, for the Appellant; Ashok Agarwal, Advocate, Mr. Vipin Kumar Jai, AOR, for the Respondent

ORDER

Dhananjaya Y. Chandrachud, J. - Delay condoned.

Leave granted.

These appeals have arisen from a judgment dated 12 March 2010 of the High Court of Himachal Pradesh, affirming the decision of the Central Administrative Tribunal.

2. The Respondents were engaged in 1993 and 1994 respectively on casual basis by the Headquarters, Army Training Command (ARTRAC), Shimla. The wages payable to them were disbursed out of Regimental Funds. They were terminated from service with effect from 1 September 2003. The respondents moved the Central Administrative Tribunal, Chandigarh for challenging the order of termination. By its judgment dated 8 November 2005, the Tribunal held that the respondents were working as 'civil cooks' continuously since the date of their initial appointment. In the view of the Tribunal, the respondents could not have been treated to be privately engaged as daily wagers and Regimental Funds are not private funds raised out of individual contributions made by the Junior Commissioned Officers. Consequently, the order of termination was quashed with a direction to reinstate the respondents. The Tribunal has denied back wages but directed that the respondents should be t

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