IMPORTANT POINT
Employees engaged in various catering establishments of the Reserve Bank of India are not the workmen of the Bank as there is no relationship of master and servant existing between the Bank and persons employed in various canteens.

JUDGMENT

Paripoornan, J.-Special leave granted.

2. This appeal is filed by "Employers in relation to the Managment of Reserve Bank of India (hereinafter referred to as "the Bank") against the award of the Central Government Industrial Tribunal No. 1 at Bomay dated 28.2.1995 and rendered in Ref. No. CGIT-96 of 1991. The workmen engaged in the catering establishments of the bank is the respondent in this appeal.

3. Government of India, by letter dated 13.12.1991, referred the following dispute for adjudication under section 10 (1) (d) read with sub-section 2A of the Industrial Disputes Act, 1947 to the Tribunal :

"Whether 166 employees engaged in various catering establishments of the Reserve Bank of India at Bombay are the workmen of the Reserve Bank of India ? If so, whether their demand for regularisation with retrospective effect was justified ? If so, the extent of relief payable to these 166 persons may be indicated."

4. The employer-Reserve Bank of India is a Corporation established under the Reserve Bank of India Act, 1934 (No.2) and vested with some sovereign functions such as issue of currency notes etc. It acts as Bankers Bank and as Banker to the Central and State Governments. For carrying on the business, the Bank employs various categories of staff such as Officers (Class-I), (Class-II), Clerks, Stenographers, Typists etc. (Class III) and Peons, Mazdoors etc. (Class-IV). The Bank has been providing canteen facilities to its employees in Classes III and IV. The Reserve Bank "Lounge" caters to the needs of its officers at some centres. There is no obligation either under any statute or otherwise, for the Bank of run the canteens. It is so done only as a welfare measure. The Bank bears by way of subsidy to the extent of 95 of the costs incurred by the canteens for payment of salary, provident fund contribution, gratuity, uniform etc., and also provides premises, fixtures, utensils, furniture, electricity, water etc., free of charges. It is seen that the canteens are run either by "Implementation Committee (Canteen Committee)" or "Co-operative Societies" or "Contracters". As stated, such canteens are solely for Class III and Class IV employees of the Bank. The Bank has its office at Amar Building, Fort, Bombay wherein 1500 employees are working. Similarly, the Bank has its office at Byculla and another office at Bandra, Kurla Complex Building. In each of the latter places 1000 persons are employed.

5. It has come out in evidence that the constitution and functioning of the aforesaid canteens for Class III and Class IV employees and functioning at Amar Building, Byculla Building and Bandra, Kurla Complex Building are different. The canteen at Amar Building is managed by an Implementation Committee (Canteen Committee). It is functioning ever since 1959. The Canteen Committee consists of four representatives from the Class IV employees Union, five representatives from the Class III emplyees Union and three representatives from the Bank. The three representatives of the Bank are the Currency Officer, Personnel Officer and Officer from the Personal Policy Department. The Currency Officer is always the Chairman of the Canteen Committee. About 77 workmen are employed in the said canteen.

At Byculla the Bank is running a canteen through a Co-operative Society since 1989. 25 workmen are employed therein. One of the employees of the Bank, who is a member of the Managing Committee of the Society, is relieved of his work for the whole day to lock after or supervise the work of the canteen. The Bank reimburses the Society the charges incurred for getting the licences under the Shops and Establishments Act. Prior permission of the Bank is required to increase the strength of the employees.

In the Bank office at Bandra, Kurla Complex and the one situate at New Central office building canteen contractors are engaged. In the Bandra Kurla Complex Building, M/s. N.T. Shetty the contractor has employed 2