( 1 ) THE appellants are workmen employed in a canteen which is run in the premises of the respondent Company. The dispute involved is about their status. The workmens claim is that they are employees of the respondent company which is denied by the respondent. According to the respondent, these workmen are the employees of the contractor who is running the canteen in the premises of the respondent. The dispute was referred to the industrial Tribunal which held in favour of the workmen. The writ petition was then filed by the respondent Company in the Calcutta High Court which was dismissed by the learned Single Judge. However, the finding of fact recorded by the learned Single Judge is as under:

"there is a canteen situated within the factory premises of the company and it started functioning since 21-10-1970 in pursuance of the agreement of the year 1969. The furniture kept in the canteen hall as also the utensils used for the canteen have been provided by the Company. There is a Managing Committee called the Canteen Managing committee for the purpose of supervision and control over the affairs of the canteen. The Canteen Managing Committee consists of six members three as the Com