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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Eastern Railway Quasi Employees Union, Asansol – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The writ application has been preferred challenging the award dated 13.02.2018 passed by the Central Government Industrial Tribunal in Reference no. 99 of 2006.
2. The petitioners were all working as quasi-employees/workmen in the Non statutory recognized canteen under the name and style of Asansol Railwaymen's Cooperative stores Ltd. (Canteen) located in the Railway premises at Station road Asansol and at Hutton road Asansol.
3. The two wings of the said Canteen, one at Station Road, Asansol and the other at Hutton Road, Asansol was locked up by the Railway Management on 19.12.2005, forcibly, without notice and by assaulting the workmen working in the canteen engaging RPF Railways. This was because the quasi workers of the aforesaid wings of the said canteen were on relay hunger strike demanding regularisation of quasi workers, the petitioners herein, in Railway service. Notice was served to the Railway Management by the Union, the petitioners here-in and copies were submitted to R.L.C. (C) Regional Labour Commissioner (Central). While quasi workers were on relay hunger strike, a big force of RPF along with Railway Officials forcibly entered the Ca
There is no employer-employee relationship between the cooperative store workers and railway management, negating claims for regularization and statutory recognition as railway employees.
Employees of cooperative societies cannot be classified as Railway servants, as they operate under the cooperative law without Railway administrative control, thus not entitled to benefits reserved f....
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.
Staff canteens operated for employees do not qualify as 'restaurants' under the Act, thus are exempt from its provisions.
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.
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