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SANJAY KUMAR MEDHI
Subhash Das And Ors. S/o Late Satish Das – Appellant
Versus
Union Of India – Respondent
JUDGMENT & ORDER :
The grievance expressed by the petitioners, who are 9 in numbers, is with regard to not recognizing the canteen run by the petitioners as a statutory canteen and as a result of which, the petitioners are deprived from the status of being a permanent Railway employees. On the other hand, the prayer of the petitioners has been resisted by the respondent/Railways by contending that the entire basis in raising the present claim is erroneous and accordingly, no rights, whatsoever of the petitioners have been violated and there is no enforceable legal rights.
2. Before going to the issue to be decided, it would be convenient to place the facts of the case in brief.
3. As noted above, the 9 numbers of petitioners have described themselves as staff of a canteen established in the premises of the Office of the General Manager (Construction) in the year 1987. The petitioners claimed that they have been appointed in various posts including Head Cook, Assistant Cook Helpers etc. in the year 1999. The petitioners further claimed that such appointments were made by a Committee constituted by the staff of the Office of the General Manager (Construction), Maligaon. The petitioners
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 the application of the Industrial Disputes Act, 1947, and the principles of employer-employee relationship in the context of canteen workers' statu....
Staff canteens operated for employees do not qualify as 'restaurants' under the Act, thus are exempt from its provisions.
The canteen workers are entitled to be declared as regular workers of the Port Trust.
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.
Establishments registered under the Tamil Nadu Catering Establishments Act are exempt from the Factories Act, as per Section 30, and the nature of activity determines legislative applicability.
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