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BASANT BALAJI
Jayakumar – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
In W.P.(C)No.25209 of 2020, the petitioners are employees of Unit Run Canteens (hereinafter referred to as ‘URC’) working at Mavelikkara extension counter functioning under the administrative control of Army Station Head Quarters, Pangode, Thiruvananthapuram. The URCs are run by the Canteen Stores Department (hereinafter referred to as ‘CSD’), is governed by the Board of Control of Canteen Services (BOCCS), is headed by the Minister of Defence and has members like the Defence Secretary, Secretary of Defence (Finance), the Quarter Master General (QMG). The present form of canteen came into existence in 1947 and the funds for CSD were met from the consolidated fund of India to purchase goods for the trade. Petitioners are either Ex-servicemen or dependent on Ex-Servicemen. They joined the canteens on the basis of a Standard Operating Procedure (SOP) issued by the respondents. After a period of probation, the petitioners will be treated as permanent/temporary employees.
2. The petitioners submit that the respondents are trying to remove the petitioners from their office, and they are to be replaced by contractual employees. Aggrieved by the same, the petitioners have filed th
The main legal point established in the judgment is that Unit Run Canteens (URCs) are not considered as 'State' or 'other authority' within the meaning of Article 12 of the Constitution of India.
Staff canteens operated for employees do not qualify as 'restaurants' under the Act, thus are exempt from its provisions.
The main legal point established in the judgment is the application of the Industrial Disputes Act, 1947, and the principles of employer-employee relationship in the context of canteen workers' statu....
The canteen workers are entitled to be declared as regular workers of the Port Trust.
AWrit Petition under Article 226 of the Constitution is not maintainable against a scheduled bank on the ground that the business of banking does not fall within the expression “public duty”.
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