SHRI KRISHAN AND ORS. versus UNION OF INDIA AND ORS.

SHRI KRISHAN AND ORS. versus UNION OF INDIA AND ORS.

The petitioners failed to establish that the canteen in question was recognised or sanctioned as a non-statutory recognised canteen by the Railway Board as required by Rule 2831 of the Railway Establishment Manual. Therefore, since the Tribunal and High Court found it to be a non-statutory, non-recognised canteen, and there is no evidence to the contrary, the petitioners are not entitled to regularisation as railway employees.

Parties
Petitioners: Shri Krishan and Ors.; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
16 September 2014
Procedural Posture
SLP (civil) / Disposition of Special Leave Petition
Outcome
SLP dismissed
Legal Topics
Regularisation, Employment Status, Railway Employees, Canteen Workers
Service Law Regularisation Employment Status Railway Employees Canteen Workers

Case Brief

Summary, issues, holding and outcome

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Parties

Shri Krishan and Ors.

Petitioners

Union of India and Ors.

Respondents

Procedural Posture

SLP (civil) / Disposition of Special Leave Petition

Legal Issues

  1. 1 Whether canteen workers in the Mess/Canteen at the S&T Training Centre can be treated as railway employees and regularized under statutory provisions applicable to non-statutory canteens of the Railway administration.

Ratio Decidendi

The petitioners failed to establish that the canteen in question was recognised or sanctioned as a non-statutory recognised canteen by the Railway Board as required by Rule 2831 of the Railway Establishment Manual. Therefore, since the Tribunal and High Court found it to be a non-statutory, non-recognised canteen, and there is no evidence to the contrary, the petitioners are not entitled to regularisation as railway employees.

Court Disposition

SLP dismissed

Orders

  • Special Leave Petition(s) dismissed and impugned judgments and orders of the High Court confirmed.