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2003 Supreme(SC) 752

DORAISWAMY RAJU, S.RAJENDRA BABU
National Thermal Power Corporation LTD. – Appellant
Versus
Karri Pothuraju – Respondent


JUDGMENT

Rajendra Babu, J.-The above appeal has been filed against the order dated 27.11.96 of a Division Bench of the Andhra Pradesh High Court in Writ Appeal No.385 of 1996, whereunder the Division Bench, while setting aside the order of the learned Single Judge in Writ Petition No. 3793 of 1992, allowed the claims in the writ petition to the extent and subject to the conditions specified in the order. The appellant, National Thermal Power Corporation Ltd., Ramagundam Super Thermal Power Station, is a Public Sector Undertaking of the Government of India. It started a canteen in the year 1983 for the benefit of the employees of their unit, through a contractor and from that time onwards it was being run through contractors engaged from time to time. The total number of employees, at the relevant point of time, were said to be 2300 and about 54 persons were said to have been working in the canteen in various capacities - cooks, servers, cleaners etc. It is not in controversy that the appellant is a factory governed by the provisions of the Factories Act and Section 46 of the said Act, 1948 casts a mandatory duty and obligation on the appellant to provide and maintain a canteen for











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