LAWS(APH)-2013-8-1

S.C.R. CATERERS, DRY FRUITS, FRUIT JUICE STALLS WELFARE ASSOCIATION Vs. SENIOR DIVISIONAL COMMERCIAL MANAGER

Decided On August 16, 2013
S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association Appellant
V/S
SENIOR DIVISIONAL COMMERCIAL MANAGER Respondents

JUDGEMENT

(1.) The parties as well as the subject matter of the dispute in these Writ Petitions are common. As such, they are heard and being disposed of together.

(2.) The petitioner in these Writ Petitions is the South Central Railway Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association, Warasiguda, Secunderabad. W.P.No.14577/2013 is filed on behalf of the members of the petitioner-Association running canteens in 25 Railway Stations of the Vijayawada Division. W.P.No.14888/2013 is filed by the members of the petitioner- Association running catering stalls and fruit juice stalls in 29 Railway Stations of the Vijayawada Division. W.P.No.15072/2013 is filed on behalf of the members of the petitioner-Association running catering and other stalls in various Railway Stations of the Guntakal Division.

(3.) The members of the petitioner-Association were granted licences for running General Minor Units (GMUs) or Special Minor Units (SMUs), as the case may be, in Categories A, B and C Railway Stations. The said licences were granted prior to the creation of the Indian Railways Catering and Tourism Corporation Limited (IRCTC) under the Catering Policy 2005 (for short "the 2005 Policy"). Under the 2005 Policy, the contracts under Categories A, B and C Railway Stations were transferred to the IRCTC while continuing the contracts granted under Categories D to F Railway Stations under the control of the South Central Railways (SCR) till the IRCTC was equipped to take over these Units. It is not in dispute that the contracts held by the members of the petitioner- Association were renewed during the subsistence of the 2005 Policy. The 2005 Policy was replaced by the Catering Policy 2010 (for short "the 2010 Policy"). Under this Policy, contracts of all the existing major and minor catering units will be awarded and managed by the Zonal Railways, except Food Plaza, Food Courts and Fast Food Units. It has also envisaged taking over of the management of all mobile catering services including base kitchens and mobile catering through departmental catering in a phased manner. The IRCTC was left with running of the Food Plaza, Food Courts and Fast Food Units alone.