BALWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) There are canteens in Parliament House and Parliament House Annexe and petitioners are working in these canteens. They are the employees of these canteens on casual basis which are being run by Canteen Committee of Lok Sabha Employees Union. These petitioners have been working in these canteens for number of years. Their demand in this writ petition is for regularisation of their services and treating them as employees of Lok Sabha Secretariat on the ground that they are serving in these canteens for last several years.

(2.) The case of the petitioners is that although the canteens are being run by the Canteen Committee, which is arrayed as respondent No. 3, Chief Patron of respondent No. 3 is the Speaker of Lok Sabha and Patron is Secretary General of Lok Sabha. Other office bearers of this Committee are all employees of Lok Sabha Secretariat that is respondent No. 2. Respondent No. 2 even pays 70 percent of the share of salaries of the petitioners and 30 per cent is raised by the staff canteens. It is further stated that in the case of C.K. Jha & Ors. and P.N. Shanna & Ors. v. Union of India & Ors. (CW No. 6189-7044 & 8246-55/83) the Supreme Court pronounced judgment dated 11.10.1991 and in compliance with the said judgment, the Ministry of Finance, Government of India had issued office memo dated 24.1.1992 wherein it is stipulated that:

(3.) The Ministry of Personnel, public Grievances andpensions, Government of India too issued the office memorandum dated 29.1.1992 to implement the aforesaid judgment of the Hon'ble Supreme Court by extending to canteen employees all benefits available to other Government employees of comparable status from 1.10.1991 and by stating that the practice of granting a subsidy to meet 70 per cent of the wage bill of the canteen staff stands discontinued from 1.10.1991.