Industrial Disputes Act, 1947 — Sections 2(s) & 10 — Workman

March 28th, 2013

Industrial Disputes Act, 1947 — Sections 2(s) & 10 — Workman — Employed as manager in Unit Run Canteen of Air Station (Air Force) — Whether covered within? — Tribunal, while deciding the specific issue in respect of the Respondent of not being a public servant, relied upon a decision in Union of India v. M. Aslam, (2001)1 SCC 720 and concluded that an employee of a URC holds a civil post and, therefore, the application of the Respondent before the Tribunal is maintainable — High Court confirmed the orders passed by the Tribunal — Challenged — Held, decision in Aslam case has now been over-ruled by the decision of three Judge Bench of this Court in R.R. Pillai’s case, wherein this Court has specifically observed that an employee working in a URC canteen is not the holder of a civil post — In view of the observations made in the said decision, Tribunal was not justified in entertaining the application filed by the Respondent and should not have answered the prayer in the application in favour of the Respondent — Impugned orders set aside — Appeal is allowed — Service and Labour Law — Employee in Unit Run Canteen — Statuts of.

R. Pillai (Dead) through LRs. v. Commanding Officer, Headquarters Southern Air Command (U) and Others, (2009)13 SCC 311, Relied on.

(Para 12, 13 & 14)

Union of India v. Gobinda Prasad Mula[Bench Strength 2], Civil Appeal No. 8772/2012 (Special Leave Petition (Civil) No. 30324/2008)(05/12/2012), 2012(9) SLT 462: 2013(1) SCALE 4 [H.L. Dattu, J.: Chandramauli Kumar Prasad, J.]

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