The petitioners are officers in the office of INS Satavahana. It is their case that vehicles are provided from Government funds for the defence establishment; the short-fall of vehicles is met from the regiment fund or unit funds; command non-public transport fund, in which the respondent-workman was employed, is one such non-public fund (regimental fund); and, as such, the provisions of the I.D. Act was not applicable. It is their case that, except for the period from 18.01.1982 to 30.11.1983, the respondent was not under the employment of any Ministry under the Government of India; the respondent filed O.S. NO.739 of 1993 before the Central Administrative Tribunal which was dismissed on 25.07.1997; the nonpublic fund transport pool, which was under the control of the officerincharge, command transport pool, Visakhapatnam, is presently placed under the control of the Commanding Officer, INS Satavahana; the non-public fund transport pool was wound up with effect from 31.10.1997 due to paucity of funds; it is now functioning with two vehicles for a limited purpose; in view of the winding up of the said fund, the services of some employees were not continued; the petitioner invoked the jurisdiction of the Industrial Tribunal questioning his disengagement by filing an application under Section 2A(2); the petitioner was set ex parte by the Tribunal which passed an award on 05.04.1999 directing that the respondent-workman be reinstated with continuity of service; the petitioners filed an application to set aside the
