K. Ramaswamy, J. - (1.) This special leave petition has come up directly, from the award of the Central Government Industrial Tribunal No. 2, Bombay, made on August 9, 1996 in Reference No. CGIT-2/26/91.
(2.) Delay condoned.
(3.) The admitted position is that the petitioner-Association, representing five dismissed employees, had sought reference under Section 10(1) of the Industrial Disputes Act, 1947 (for short, the Act) to the Tribunal. The dispute arose on account of termination by the respondent-Management of the services of the said employees on April 28, 1989; it was alleged that the termination was without any notice and payment of retrenchment compensation under Section 25-F. The reference came to be made on April 19, 1991. The Tribunal has held that the Telephone Nigam Limited, Bombay is not an industry. It, therefore, has no jurisdiction to adjudicate the dispute. Prabhadevi Exchange had a total strength of 3000 employees of the Tele-communication Department, working in three shifts. As per the Administrative Instructions issued by the Government, for the first shift there should be a 3A type canteen, for the second shift A type canteen and for the third shift there should be C type canteen. It was averred that for Type 3A canteen, there should be 57 employees, but only 24 employees were working on April 27, 1989. The claim of the petitioner is that the dismissed employees had joined the service in 1987. They are claiming wages as per the directions of this Court, i.e., as per the Fourth Pay Commissions recommendations. Since they were insisting upon payment of the wages, it is alleged, the services of five employees were terminated without giving any notice or giving any retrenchment compensation as enjoined by Section 25-F of the Act, Therefore, they sought reinstatement into service with full back wages and with continuity of service. The respondents, on the other hand, contended that the employees working in the canteen are not workmen within the definition of Section 2(s) of the Act nor is the respondent an industry under Section 2(j). They are "treated as holding civil posts in the Central Government". They were paid monthly salaries devised by the Canteen Committee depending upon the increases in the cost of living etc. The provisions of Chapter VI-B of the Act are inapplicable to them. The Tribunal noted the findings as under: Prabhadevi Telephone Exchange employed about 4000 (sic) employees which is required under the provisions of Administrative Instructions to have one departmental canteen. In A type canteen, 19 employees are required per shift. It works from 5 a.m. to 12 midnight. In three shifts, there at the relevant time are 24 employees including the concerned five workmen. In view of a judgment of this Court, non-statutory canteen employees are entitled to the benefit of the recommendations of Third and Fourth Pay Commissions. The Director of Canteen accordingly directed the Department concerned to pay the canteen employees wages as per the recommendations of the Pay Commission. Departmental Canteen, it is contended by the management, is not an industry as per the Memorandum dated January 12, 1982 of the Director (Welfare), Indian Posts and Telegraphs Department.;