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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA
New Mangalore Port & Dock Workers Union – Appellant
Versus
New Mangalore Port Trust – Respondent
ORDER :
M. NAGAPRASANNA, J.
The petitioner/New Mangalore Port & Dock Workers Union (hereinafter referred to as ‘the Union’ for short) is at the doors of this Court calling in question a notice of tender dated 26.04.2021, for providing Canteen/Mess services at Wharf Cafeteria at the respondent - New Mangalore Port Trust, Panambur, Mangalore (hereinafter referred to as ‘the Trust’ for short) for a period of two years and has sought to maintain status quo with regard to running of the canteen in the respondent – Trust with the existing employees.
2. Heard Sri Clifton D’Rozario along with Smt. Maitreyi Krishnan, learned counsel appearing for the petitioner and Sri R. Subramanya, learned counsel appearing for the respondent.
3. Facts, in brief, germane are as follows: -
The Union is said to be representing the interest of canteen workers of the respondent/Trust and is said to be working since several years. The Trust started its operations in the year 1972-73 under the Ministry of Shipping and Transport, New Delhi. It was brought under the ambit of Major Port Trust Act with effect from 01-04-1980. The business and other affairs of the respondent are completely controlled by the Board of Trus
Court recognizes the indirect employer-employee relationship between the Trust and canteen workers, emphasizing the statutory obligation to provide uninterrupted canteen services and directing expedi....
The court established that for an employer-employee relationship to exist, there must be direct control and supervision over the workers, which was absent in this case.
The definition of 'Industry' includes entities engaging in systematic activities with employer-employee relations, irrespective of the profit motive, as determined under the Industrial Disputes Act.
Point of law :Labour Law -Admittedly, the workmen in all these four petitions are civilian. They are not claiming regularization of their services. The grievances raised by all the workmen, who were ....
The Industrial Court lacks jurisdiction to entertain complaints of unfair labor practices unless an undisputed employer-employee relationship is established.
There is no employer-employee relationship between the cooperative store workers and railway management, negating claims for regularization and statutory recognition as railway employees.
The main legal point established in the judgment is that Unit Run Canteens (URCs) are not considered as 'State' or 'other authority' within the meaning of Article 12 of the Constitution of India.
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