RAJESH TIWARI Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Petitioner is an employee of CSD Canteen. Employees of CSD Canteens are not employees of State or instrumentalities of State. This aspect has been so held by a Division Bench of this Court in the case of Shashi Kant & Ors. Vs. Union of India and Ors. in W.P.(C) No.7357/1999 decided on 23.7.2012. Paras 1,2,3 and 6 of the said judgment are relevant and the same read as under:-

(2.) A learned Single Judge of this Court A.K. Sikri (as he then was) has in the case of Layak Ram Vs. Quarter Master General & Ors., 1999 81 DLT 395 also similarly held that employees of canteens in Army Headquarter cannot file a writ petition as such employees are not employees of a State or an instrumentalities of the State within the meaning of Article 12 of the Constitution.

(3.) I do not find that the CSD Canteen is in any manner an instrumentality of State because petitioner has not shown how there is government funding with respect to such Canteens or how there is deep and pervasive control of the government.