R KONDAIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) In these writ petitions respective petitioners who were erstwhile employees of Narendra Air Force Cinema whose services have been terminated, have sought for the issue of a writ of certiorarified mandamus to quash Rules 24 and 25 of the Terms and Conditions of Service of the Non-Public Fund Employees other than Air Force canteen, Air Force School as unconstitutional and a consequent order of termination dated 25.1.2001 issued by the third respondent, and to direct the respondents to reinstate the petitioners with all backwages and provide an alternative employment with all attendant benefits.

(2.) According to the petitioners, the Cinema theatre was started in the year 1965 and in the year 1975 Air Force Cinema theatre was taken over by the Air Force and the staff employed by the Canteen Store Department (CSD) were continued with consolidated pay equivalent to last emoluments. Even though the purpose of the welfare venture was for entertaining the personnel belonging to the Air Force, it was always over-flooded with civilians and the theatre was earning much profit and invested in the Small Scale industries. The petitioners have been appointed in various capacities as stated by them in their respective affidavits. The petitioners to their surprise and shock had received a notice of proposed termination dated 31.1.2000 issued by the fourth respondent. It was stated therein that due to mounting loss, it has become economically non-viable and as such it has been decided to close down the theatre and that the services of the petitioners were no more required and their services will be terminated with effect from 1.5.2000. Though an application was filed before the Central Administrative Tribunal, the same was subsequently withdrawn in view of of the fact that the Tribunal does not have jurisdiction to entertain any application with reference to the Defence Personnel and hence the above writ petitions.

(3.) The petitioners contend that Rules 24 and 25 of the Terms and Conditions of Service of Non-Public Fund Employees were unconstitutional and invalid. It was therefore, not possible to go before the Appellate Authority. The said Rules are violative of Articles 14 and 16 of the Constitution of India. The clauses enable the employer to terminate the services of a permanent employee by giving three months pay or giving notice in lieu thereof, are violative of Article 14 of the Constitution of India. The respondents cannot throw out the employees who have put in long number of years of service. Hence the above writ petitions.