[Civil Appeal No. 8772 of 2012 Special Leave Petition (Civil) No.30324 of 2008]. The Union of India and its functionaries, viz. the Squadran Leader, Wing Commander and Station Commander are the appellants before us in this appeal by special leave. The appellants call in question the correctness or otherwise of the judgment and order passed by the High Court of Calcutta in WPCT No. 788 of 2004, dated 22.07.2008. By the impugned judgment and order, the High Court has confirmed the order passed by the Central Administrative Tribunal, Calcutta Bench (for brevity "the Tribunal") in Original Application No. 789 of 2002, dated 07.07.2004. It is essential to briefly outlay the facts that led to this appeal before us. The respondent herein was employed as Manager in a Unit Run Canteen (for brevity "the URC") of Air Force Station in Kumbhigram, Assam. On 06.03.2000, he was served with a notice by the appellants to show-cause as to why he should not be terminated from service for certain acts and commissions said to have been committed by him during the course of his employment at the URC. The said show-cause notice was replied by the Respondent-herein on 09.03.2000, denying the charges alleged against him. Thereafter, the appellants have passed an order terminating the service of the Respondent with effect from 31.08.2000. Being aggrieved, the respondent had filed a representation on 24.05.2002 before the Competent Authority and thus Conciliation Proceedings were drawn up. However, the Competent Authority reached the conclusion that the Respondent is not a workman under the provisions of the Industrial Disputes Act, 1947 and, therefore, did not adjudicate upon the claim of the applicant.
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