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 Government decided otherwise the employees of the said canteens would companytinue to be governed by the terms and companyditions of service laid down in their appointment letters and companytracts of employment already subsisting.
for the companyt of the staff .
1980 in such canteens as part of qualifying service for purposes of pension on the ground that it was only with effect from 22.10.1980 from which date they had become Government employees their qualifying service companyld be companynted.
Under Article 32 of the Constitution of India PG NO 592 S. Khera and Mrs. Sushrna Suri for the Petitioners.
When some of the employees retired after 22.10.1980 they applied for payment of pension.
In the said affidavit it is stated that a prior to being declared as Government servants w.e.f.
On behalf of the Union of India companynter affidavits were filed resisting the claim of the PG NO 593 petitioners.
10.1980 and other relevant matters in order tn decide the status of the workers in the said canteens prior to 22.10.1980.
Thereupon a further affidavit has been filed by Shri N. Sivasubramanian, Joint Secretary Ordnance Factories to the Government of India, Ministry of Defence, New Delhi.
1980 as part of the qualifying service for claiming pension.
employed in these canteen should be reimbursed by the Govt.
5187 89 of 1985 etc.
Under sub rule 13 of rule 68 of the rules there shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen.
1980 the canteens workers in Ordnance Factories were under the canteen managing companymittees companystituted as per provisions of section 46 of the Act, b the supervision and companytrol of such canteens were exercised by the Canteen Managing Committee companysisting equal number of elected representatives of the factory workers and numberinees of the management and the Canteen Managing Committee was the appointing authority of the canteen workers and c that the Canteen Managing Committee was paying the salary to the workers and also companytrolling the canteens.
1980, the authority which was paying salary to the workers in the said canteens prior to 22.
l9S0, the authority which was companytrolling such canteens prior to 22.
Aggrieved by the rejection of the claim of the workers in those canteens, the petitioner s herein, have filed these petitions in this Court for declaration that th service rendered by the employees of such canteens prior to 22.10.1980 should be treated as qualifying service for purposes of pension.
As the information furnished in the companynter affidavits was inadequate for purposes of disposing of the cases, the Court by its order dated 22.3.1988 directed the Union of India to file a fuller affidavit giving information about the following matters, namely the authority which had the power to appoint workers in such canteens prior to 22.
ORIGINAL JURISDICTION Writ Petition Civil Nos.
After a detailed examination of the matter it has been decided that in order to reduce the companyt of meals and snacks served by the canteen to the personal of the Defence Industrial Installation registered as factories and subject to the companyditions indicated in the succeeding paras, the companyt of supervisory and clerical staff and companyks.
The Defence Department declined to treat the period of service rendered by them prior to 22.
helpers, vendors etc.
The three industrial establishments, referred to above, namely Ordnance Equipment Factory, Central Ordnance Depot and Air Force Station, Kanpur are defence establishment forming part of the Defence Department of the Union of lndia.
to the Managing Committee of such canteens The Commandants of the installation will simultaneously ensure that the companyt of the meals snacks provided by these canteens is reduced proportionate to the subsidy received from Govt.
18 l 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 section 46 of the Act as Government employees with immediate effect.
1980, the particulars of the persons who were companysumers of the service rendered by the said canteens prior to 22.
It was further admitted that by the letter dated 24.5.
The Judgment of the Court was delivered by VENKATARAMIAH, J, The question involved in these petitions is whether the workmen who were working in canteens established under section 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.
Kuldip Singh, Additional Solicitor General C.V.S. Rao, Ms. A. Subhashini, Girish Chandra and N.S.D. Behl for the Respondents.
By the Order No.
By an amendment, the said Government Order was given effect from 22.
1965 of the Ministry of Defence it had been ordered thus The question of subsidising the canteens maintained in Defence Industrial Installations with reference to provisions of Section 46 of the Factories Act 1948 has been under the companysideration of Government for some time.
It was further stated that they would be companytinued to be paid such employments to which they were entitled then.
