Supreme Court of India
Umesh Korga Bhandari v. Mahanagar Telephone Nigam Ltd. and Anr.
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What the Court ordered
We hold that the employees working in the statutory canteen, in view of the admission made in the counter affidavit that they are holding civil posts and are being paid monthly salary and are employees, the necessary conclusion would be that the Tribunal has no jurisdiction to adjudicate the dispute on a reference under Section 10( 1) of the Act.
Judgment, page 4
From the headnote
Industrial Disputes Act, 1947-Section 19(/)-Termination ofServices According to Office Memorandum and Notification post was civil and did not fall in the purview of Industrial Disputes Act-Dispute-Reference to Industrial Tribunal-Propriety of reference-Plea that in view of decision of Supreme Court reference was justified-Held: The decision of Supreme Court did not adjudicate that the appropriate forum for the holder of civil post was whether Tribunal of Administrative Tribunal-And the effect of the Office Memorandum and Notification was not considered in the case-Matter referred to three
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