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april 2009

Supreme Court of India · 2009-04-28

R.R. PILLAI(DEAD) THROUGH L.RS. vs COMMANDING OFFICER HQ S.A.C.(U).

Citation / case number
SC 2003/9365
Court
Supreme Court of India
Petitioner
R.R. PILLAI(DEAD) THROUGH L.RS.
Respondent
COMMANDING OFFICER HQ S.A.C.(U).
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court referred the matter concerning the status of employees of Unit Run Canteens in the Armed Forces to a larger bench, doubting the correctness of the earlier decision in Union of India v. Mohd. Aslam (2001 (1) SCC 720). The Court held that the employees in question may be considered government servants under Articles 14 and 16 of the Constitution of India, 1950, and that the applicability of Section 23 of the Indian Contract Act, 1923, must be examined in light of the rules governing their appointment. The decision in Mohd. Aslam's case was found to require reconsideration due to its factual basis and implications for the rights of the employees involved.

R.R. PILLAI(DEAD) THROUGH L.RS. vs COMMANDING OFFICER HQ S.A.C.(U). · Niyam