UNION OF INDIA AND OTHERS Vs. DYALU RAM

JUDGEMENT

(1.) Delay condoned.

(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 treated to be in continuous service as civil cooks for the period during which they remained out of employment. While observing that no specific scheme was shown to it under which regularization could be claimed, the Tribunal has granted liberty to the respondents to represent their cases for regularization before the appropriate authority and directed that if there is a scheme in existence, their applications should be considered in accordance with their position in seniority.

(3.) The facts pertaining to the companion appeal are similar.