Sangeeta Chandra, J. - (1.) The petitioners have challenged the Award passed by the Presiding Officer, CGIT, Lucknow dated 20.8.2014 on a Reference being made to it on 8.1.2002 in a dispute between the North-Eastern Railways Employees Union (PRKS), Gorakhpur and the General Manager, North-Eastern Railways, Gorakhpur. The Reference under adjudication is as follows:- "Whether the action of the management of Northern-Eastern Railway, Gorakhpur in not regularising the services of 12 workmen as per list submitted by the Union (enclosed herewith) as Railway servant and also terminated them from the services w.e.f. 4.7.1990 are legal and justified? if not, what relief the workmen are entitled?"
(2.) The case set up by the workmen's union was that the Railway Mens Consumer Cooperative Society Ltd., a society registered under the Cooperative Societies Act for North-Eastern Railways, Gorakhpur runs nine canteens with the cooperation of the officers of the Railway. The Society collects subscription from the employees of the Railways and deposits a part of the same to the Railways and in turn of Railways provide salary and other benefits to the employees of the Society after adding a specified amount of subsidy to such subscription amount. The account sof all the units canteens of the Society were regulated by the Railways under the directions of the Railway Board. There were seventy six sanctioned employees in the Society, but from time to time because of transfer or for other reasons, the number of employees fell short of sanctioned strength. The Society in question had a Committee of Management which was superseded and the Registrar, Firms, Societies & Chits had appointed an Administrator to look after the affairs of the Society? At the time when the Administrator was appointed by the Registrar, there were fifty eight employees in the Society and the Administrator had appointed eighteen more employees after approval from the General Manager, North-Eastern Railways.
(3.) It was submitted that as per the law settled by the Hon'ble Supreme Court in M.M.R. Khan Vs. Union of India, 1990 AIR(SC) 937 employees of statutory canteens run by the Railways and even non statutory canteens run for the benefit of Railways employees and recognised by the Railway were entitled for regularisation and consequential service benefits w.e.f. 1.4.1990.;