JAYAKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In W.P.(C)No.25209 of 2020, the petitioners are employees of Unit Run Canteens (hereinafter referred to as 'URC') working at Mavelikkara extension counter functioning under the administrative control of Army Station Head Quarters, Pangode, Thiruvananthapuram. The URCs are run by the Canteen Stores Department (hereinafter referred to as 'CSD'), is governed by the Board of Control of Canteen Services (BOCCS), is headed by the Minister of Defence and has members like the Defence Secretary, Secretary of Defence (Finance), the Quarter Master General (QMG). The present form of canteen came into existence in 1947 and the funds for CSD were met from the consolidated fund of India to purchase goods for the trade. Petitioners are either Ex-servicemen or dependent on Ex-Servicemen. They joined the canteens on the basis of a Standard Operating Procedure (SOP) issued by the respondents. After a period of probation, the petitioners will be treated as permanent/temporary employees.

(2.) The petitioners submit that the respondents are trying to remove the petitioners from their office, and they are to be replaced by contractual employees. Aggrieved by the same, the petitioners have filed this writ petition. The connected cases are W.P.(C)Nos.25202, 25209, 25213, 2517, 26222, 27386/2020, 22466, 23782, 27795, 29919, 30508, 30564, 30652, 30668, 30679/2021, 7461, 27478, 29383, 35026, 35173, 35231, 35246/2022 and 453, 456, 13827, 17289/23, in which the petitioners also have the same grievance and they are working at different extension counters, and the respondents are the identical persons. Except the above cases, W.P.(C)Nos. 1548 of 2023, 25814 of 2023, 25635 of 2023 and 16984/2023, the petitioners have different prayers. In W.P.(C)No.16984 of 2023, the petitioners sought the following prayers:

(3.) A counter affidavit is filed by the respondents. The 1st and foremost contention raised is that the writ petition is not maintainable as the Unit Run Canteens does not come under the definition of State. Three vital aspects and tests to determine whether an organization - institution, or body comes under the definition of other authorities are; i) Creation, ii) Finance, and iii) Control. As far as the first test is concerned, that is, creation, URCs are established in terms of provisions laid down in AO/19/2003/QMG. The canteen services directorate grants sanction to a unit to operate the URCs on the basis of recommendation of higher formation/CSD head office. The URCs are given sanctions on the basis of certain basic criteria. The creation of a unit run canteen arises out of the need for defense personnel posted in a particular unit /formation and not by any Act but by an order from the Quarter Master General branch of the Army. It is not the creation of the constitution or parliament or a State Legislature. AO/19/2003/QMG is an Army order and not a notification nor does it carry any statutory validity. Thus, it is not a State, coming under Article 12 of the Constitution of India, and therefore, the writ petition is not maintainable against the Unit Run Canteen.