2001 (1) TMI 999 - SC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of the Central Administrative Tribunal over employees of Unit-Run-Canteens.
2. Status of employees of Unit-Run-Canteens as Government servants.
3. Entitlement of Unit-Run-Canteen employees to pay and benefits similar to Canteen Stores Department employees.
4. Applicability of Fundamental Rules to Unit-Run-Canteen employees regarding subsistence allowance.

Issue-wise Detailed Analysis:

1. Jurisdiction of the Central Administrative Tribunal over employees of Unit-Run-Canteens:
The Union of India challenged the jurisdiction of the Central Administrative Tribunal (CAT) to entertain applications filed by employees of Unit-Run-Canteens, arguing that these employees are not Government employees. The Tribunal at Jodhpur and Bombay concluded that Unit-Run-Canteens are part of the Defence establishment, thereby establishing a master-servant relationship between the Ministry of Defence and the canteen employees. Consequently, the Tribunal held that it had the jurisdiction to entertain and decide the grievances of these employees.

2. Status of employees of Unit-Run-Canteens as Government servants:
The Supreme Court examined the mode of appointment, rules and regulations governing service conditions, and the source of salary funding for Unit-Run-Canteen employees. It was noted that Unit-Run-Canteens operate under the Commanding Officers of the Defence Services and get their supplies from the Canteen Stores Department (CSD), which is part of the Ministry of Defence. The Court applied principles from the Life Insurance Corporation case, concluding that providing canteen facilities is obligatory for the Government. Thus, employees of Unit-Run-Canteens are considered Government servants, and the Tribunal has jurisdiction over their applications.

3. Entitlement of Unit-Run-Canteen employees to pay and benefits similar to Canteen Stores Department employees:
The Tribunal had directed that Unit-Run-Canteen employees should receive pay and benefits similar to those of CSD employees. However, the Supreme Court clarified that while these employees are Government servants, they are not automatically entitled to all benefits of regular Government employees or their CSD counterparts. The Court directed that Unit-Run-Canteen employees should receive at least the minimum regular scale of pay available to their CSD counterparts and instructed the Ministry of Defence to determine their service conditions within six months.

4. Applicability of Fundamental Rules to Unit-Run-Canteen employees regarding subsistence allowance:
The Tribunal had directed the Union Government to review the payment of subsistence allowance to Unit-Run-Canteen employees in light of the Fundamental Rules. The Supreme Court held that while these employees are Government servants, their service conditions are not necessarily governed by the Fundamental Rules unless explicitly adopted by the employer. Therefore, the Tribunal's direction to review subsistence allowance under the Fundamental Rules was set aside.

Conclusion:
The Supreme Court upheld the jurisdiction of the Central Administrative Tribunal over Unit-Run-Canteen employees, recognized their status as Government servants, and directed the Ministry of Defence to determine their service conditions. However, it set aside the Tribunal's direction for reviewing subsistence allowance under the Fundamental Rules.