GOMANTAK MAZDOOR SANGH Vs. I N S HANSA

JUDGEMENT

(1.) BY this petition, the petitioner, a registered Trade Union espousing the cause of the employees working at Varunapuri Sailors Quarters, Dabolim has filed this petition, seeking the following reliefs:

(2.) THE Transport and Dock Workers Union, espousing the cause of said employees, raised a dispute before the Conciliation Officer (Central) for regularisation in service in the year 1997. Upon failure of the conciliation proceedings, the Central Government vide its letter dated 14.1.1998 refused to make a reference to the Industrial Tribunal. The said order passed by the Central Government was challenged by Transport and Dock Workers Union by filing Writ Petition No.331/98. However the said writ petition was withdrawn with liberty to approach the Central Administrative Tribunal. Thereafter, the said Transport and Dock Workers Union and the said employees filed Original Application No.304/1999 before the Central Administrative Tribunal, Mumbai Bench seeking several reliefs against the respondent No.1. A preliminary objection was taken before the Central Administrative Tribunal that the applicants therein were not employed by INS Hansa and they were not holding any civil post and, therefore, the Central Administrative Tribunal had no jurisdiction to deal with the application. The applicants therein were also asked to produce material in support of their claim of holding civil post. Inspite of the opportunity being given, the applicant did not produce any material in support of their claim, except identity cards issued by the INS Hansa. The Central Administrative Tribunal, after hearing the said Transport and Dock Workers Union and respondent No.1, held that the applicants were not holders of civil posts and in the absence of any material in support of their contention that they were employees of INS Hansa under the Ministry of Defence, held that the Tribunal had no jurisdiction to entertain the application filed by them. The Tribunal relied upon the Judgment of the Apex Court reported in Union of India vs. Chotelal and ors., 1999 (I) SCC 554. The petitioner besides challenging the order passed by the Central Administrative Tribunal has also sought regularisation of the said employees and sought further reliefs as mentioned above.

(3.) MR. Badrinarayanan, the Counsel appearing for the respondent No.1 submitted that the applicants before the Central Administrative Tribunal were not holding any civil posts and, therefore, the Central Administrative Tribunal, relying upon the Judgment of the Apex Court in Chotelal's case (supra) has rightly held that it had no jurisdiction to deal with the application filed by the applicants before it.