A. M. AHMADI, SUJATA V. MANOHAR
Workmen Employed In The Canteen In S. R. F. LTD. – Appellant
Versus
Government Of T. N. – Respondent
ORDER
1. These petitions are directed against the judgment and order of the Division Bench of the High Court in Writ Petitions Nos. 1935 and 4256 of 1994. By the impugned judgment the High Court dismissed the writ petitions. The few facts which are relevant to be stated may be set out thus :
Writ Petition No. 1935 of 1994 was filed by the workmen employed in the canteen provided by S. R. F. Limited but run by a contractor, for a mandamus to forbear the Company from dispensing with the services of 119 canteen employees without prior permission under Section 25-O of the Industrial Disputes Act, 1947 (hereinafter called "the Act"). The Company has a factory unit registered under the Factories Act, 1948. Within the premises of the factory there is a canteen meant for the workers of the factory run by a contractor under certain terms and conditions imposed by the Company. Section 46 of the Factories Act requires that there shall be a canteen provided and maintained by the employer for the use of the workers. The workmen contended that they were employed through the contractor on the terms determined by the Company and, therefore, they were the employees of the Company. They, therefore,
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