CHIEF ADMINISTRATIVE OFFICER, AIR FORCE ADMINISTRATIVE COLLEGE Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AND ORS.

JUDGEMENT

(1.) The award under challenge in the present Writ Petition is for reinstatement of certain employees of the members of the second respondent's Union with attendant benefits and without back wages.

(2.) Heard Mr.B.Ramaratnam, learned Central Government Standing counsel for the petitioner and Mr.V.Ajay Khose, learned counsel appearing on behalf of the second respondent.

(3.) The brief facts of the case is that a few of the employees, who were engaged as bearers of the petitioner's Administrative College Mess, to serve the trainee officers of the college in the mess activities. The wages were paid to these bearers out of the collection of service charges from the trainee officers. When the bearers had allegedly demanded regularisation of their services, their employment was discontinued, which resulted in the industrial dispute. The petitioner's contention before the Industrial Tribunal cum Labour Court was that the workmen concerned were merely workers employed by the trainee officers, who temporarily stayed in the mess attached to the Training College. Since their remuneration was paid by the trainee officers, who stay in the Administrative College for a short course, there was no relationship of 'Master and Servant' or 'Employer/Employee' between them and the petitioner and therefore, the industrial dispute itself was not maintainable. The Labour Court had rejected the plea of the petitioner herein and held that there was Master-Servant relationship between these employees and the petitioner and thereby ordered for reinstatement.