Puneet Kumar Singh v. Union Of India And ORS

02-03-2021 ct no. 13 Sl.73 pk WPA 1470 of 2021 (Through Video Conference) Puneet Kumar Singh

Versus

Union of India and others Mrs. Baisali Ghosal Mrs. Rituparna Saha Mr. Atanu Basu ...for the petitioner Mr. Rajdeep Biswas Mr. Imran Siddiqui ... for respondent nos.1 to 3 The instant application has been filed against the order of Ordinance Factory Board challenging their refusal to refund the bond amount.

It appears from the records that the petitioner was appointed as a Junior Works Manager on 6th June, 2018 by the letter issued by the Secretary, Ordinance Factory Board (HQ/NG), Kolkata. The letter itself clearly mentions the Ministry of Defence of which the Ordinance Factory Board is a wing.

Admittedly, the entire control and management of the Ordinance Factory Board rests wholly, exclusively and solely with the Ministry of Defence. The employees of the Ordinance Factory Board are recruited through

the Public Service Commission and are paid Central Government scales. The employees of the Ordinance Factory Board are also entitled to the benefits of the CSD Department, Ministry of Defence and are governed by the CCS (CCA) Rules.

Therefore, the Ordinance Factory Board is wholly and completely controlled by the Ministry of Defence under the Central Government. Any service related dispute or grievance of any of the employees of the Ordinance Factory Board must and should be raised before the Central Administrative Tribunal constituted under the Administrative Tribunals Act of 1985, in terms of Section 14 read with Section 2 (q) thereof. The writ petition is dismissed with liberty, however, reserved to the petitioner to approach the Central Administrative Tribunal on the selfsame cause of action.

No order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)