Sanjay Kishan Kaul, C.J. - (1.) THE controversy in the present case relates to the emoluments of the Extra Departmental Agents (EDAs) and Branch Post Masters under the Posts and Telegraphs Extra Departmental Agents (Conduct and Service) Rules, 1964, subsequently replaced by the Department of Posts, Gramin Dak Sewaks (Conduct and Employment) Rules, 2001. It is the case of the Gramin Dak Sewaks (hereinafter referred to as 'GDS') that they are entitled to a productivity linked bonus at par with other employees of the Postal Department and there cannot be a different ceiling limit for them.
(2.) IN order to appreciate the controversy, we would first like to examine the status of the GDS. Fortunately, we can be conveniently guided by a judgment of the Hon'ble Supreme Court in Chet Ram vs. Jit Singh and a connected matter, : 2009(1) RSJ 11. In the facts of that case, the controversy was whether such GDS were Government servants and, thus, disqualified from contesting the elections of the Nagar Panchayat. The plea of the GDS that they were not Government employees, having been working on a part time basis and were, thus, not disqualified in terms of Section 11(g) of the Punjab State Election Commission Act, 1994, was negatived. The rationale for the same was based on the terms and conditions of the GDS, the Rules having been framed in terms of proviso to Article 309 of the Constitution of India which, undisputedly, governs only the Government employees. The Supreme Court referred to its earlier views expressed in Union of India and others vs. Kameshwar Prasad, : 1997(11) Supreme Court Cases 650, quoting the relevant paragraphs dealing with the status of the GDS. We find it convenient to reproduce the observations of Kameshwar Prasad's case (supra), as under: - 2. The Extra Departmental Agents system in the Department of Posts and Telegraphs is in vogue since 1854. The object underlying it is to cater to postal needs of the rural communities dispersed in remote areas. The system avails of the services of schoolmasters, shopkeepers, landlords and such other persons in a village who have the faculty of reasonable standard of literacy and adequate means of livelihood and who, therefore, in their leisure can assist the Department by way of gainful avocation and social service in ministering to the rural communities in their postal needs, through maintenance of simple accounts and adherence to minimum procedural formalities, as prescribed by the Department for the purpose. [See: Swamy's Compilation of Service Rules for Extra Departmental Staff in Postal Department p. 1.] The Extra Departmental Agents are government servants holding a civil post and are entitled to the protection of Article 311(2) of the Constitution (See: Supdt. of Post Offices v. P.K. Rajamma). They are governed by separate set of rules, viz., the Posts and Telegraphs Extra Departmental Agents (Conduct and Service) Rules, 1964 (hereinafter referred to as "the Rules"). The Central Civil Services (Classification, Control and Appeal) Rules are not applicable to this category of employees in view of the notification dated 28 -2 -1957 issued by the Government of India under Rule 3(3) of the said Rules. 3. In the context of the aforesaid observations, the Hon'ble Supreme Court in Chet Ram's case (supra) concluded that there was a disqualification incurred on account of the GDS being a Government employee.
(3.) NOW , turning to the provisions of the Payment of Bonus Act, 1965 (for short 'the Act'), an employee is defined under clause (13) of Section 2being the definition clause, as under: - (13) "employee" means any person (other than an apprentice) employed on a salary or wage not exceeding ten thousand rupees per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied;;