IMPORTANT POINT
When a case is identical on facts to an earlier decision, same relief should be granted in the subsequent case.

JUDGMENT

Abhay Manohar Sapre, J.

1. This appeal is directed against the final judgment and order dated 21.02.2006 passed by the High Court of judicature at Madras in Writ Appeal No.66 of 2006 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and affirmed the judgment and order dated 24.08.2005 passed by the Single Judge of the High Court in Writ Petition No.6872 of 2001 by which the Single Judge allowed the writ petition filed by respondent No.1 herein.

2. Few relevant facts need to be mentioned hereinbelow to appreciate the question involved in the appeal.

3. The appellant is “Chennai Port Trust” at Chennai. It has been in existence for the last many decades and has a large administrative and technical set up to run their multifarious activities on the Port.

4. Large numbers of workers/employees are employed by the Port Trust who work round the clock in shifts to run and maintain the activities of the Port Trust. These Port Trust workers/employees are provided with the facility of canteen. A Co-Operative Society called “Chennai Port Trust Industrial Employees Co-operative Canteen Limited” runs the Canteen. It has been running since 1964. This canteen has employed a large number of employees to run the canteen. The employees working in the canteen have formed an Association known as “Chennai Port Trust Industrial Employees Canteen Workers Welfare Association” (for short called “Association”)-respondent No.1 herein.

5. The Association-respondent No.1 herein filed a writ petition being W.P. No.6872 of 2001 in the High Court at Madras against the appellant herein (Chennai Port Trust) espousing the cause of their members (employees working in the Canteen) and sought a writ of mandamus against the appellant - Chennai Port Trust (respondent No.3 in the writ petition) directing the appellant to treat the employees working in the Canteen to be the regular employees of the Chennai Port Trust and accordingly pay them all attendant and monetary benefits at par with the regular employees of the Chennai Port Trust.

6. According to the writ petitioner (employees concerned), they have been working in the Canteen for decades and regularly catering and fulfilling the needs of the employees of the Port Trust. According to the Association, the members of the Association - employees working in the canteen are entitled to claim the same benefit and perks which are being given to the regular permanent employees of the Chennai Port Trust. The Association also pointed out the similar instances of other government organizations wherein the benefits of this nature were given to the employees working in the organizations alike the members of the Association in question.

7. The Chennai Port Trust mainly opposed the writ petition on two issues. First, the Chennai Port Trust has no control whatsoever over any of the activities of the Canteen in question including any control over its employees and second, the question as to whether the canteen employees are to be treated as employees of the Chennai Port Trust or not is a question of fact and, therefore, the writ petition is not the effective remedy to decide this question. According to the Chennai Port Trust, such issues should be raised before the Industrial Tribunal for its adjudication.

8. The Writ Court (Single Judge) allowed the writ petition filed by the Association(respondent No.1 herein) and accordingly issued a writ of mandamus against the appellant (Chennai Port Trust), as prayed by the writ petitioner in their writ petition. In other words, the writ Court granted the reliefs claimed by the writ petitioner in their writ petition.

9. The appellant (Chennai Port Trust) felt aggrieved and filed intra court appeal before the Division Bench in the High Court. By impugned judgment, the Division Bench dismissed the appeal and upheld the order of the Single Judge, which has given rise to filing of the present appeal by way of special leave by the Chennai Port Trust.

10.