DEFENCE CANTEEN CIVIL EMPLOYEES ASSOCIATION Vs. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF DEFENCE, NEW DELHI

JUDGEMENT

(1.) Correctness and sustainability of the verdict passed by the Central Administrative Tribunal, Ernakulam Bench in O.A. No. 475/2007, declaring that members of the 1st applicant/Association and the 2nd applicant, who were working as Civilian employees in the Unit Run Canteen of the 'INS Dronacharya' are liable to get 'Bonus' in terms of the provisions of the Payment of Bonus Act is under challenge in this Writ Petition. The main ground is that the reliance placed by the Tribunal on Section 1(5) of the Payment of Bonus Act to arrive at a finding, that even though the actual number of Civilian employees were only '8', there was a total of 23 employees at some point of time or the other and as such, mere reduction or falling in number of the employees will not take the establishment outside the provisions of the Bonus Act.

(2.) Heard Smt. Krishna, the learned counsel from the Office of the ASGI, representing the petitioners at length. Despite the completion of service of notice, there is no representation for the respondents.

(3.) There is a 'Unit Run Canteen' attached to the 'INS Dronacharya', which was being run through a Contractor. So as to run the canteen, persons were deployed from three different sources, namely, the employees engaged by the Contractor, the Civilian employees and the Defence Personnel, who were serving the Navy. At no point of time, had the number of employees eligible for coverage under the Bonus Act exceeded 20 and there was no liability to have satisfied Bonus in terms of the provisions of the Bonus Act.