1. Petitioner challenges Ext. P3 award passed by the third respondent, Industrial Tribunal, Alleppey in I. D. No. 23 of 1982. The petitioner-company is having more than 250 workers on its rolls. As per S.46 of the Factories . Act and the Rules framed thereunder the Company has to provide and maintain a canteen for its employees. The company has provided all facilities for running a canteen. The right to conduct the canteen was being given on contract to others from time to time. First respondent was a contractor engaged for the said purpose and he was running the canteen upto 18-4-1978. From 19-4-1978 to 28-6-1978 the workers of the Company themselves were running the canteen. From 29-6-1978 a new contractor took up the responsibility of running the same. At no point of time had the company run the canteen by itself.

The contractors who took up the responsibility of running the canteen were engaging their-own workmen and they were being paid by the contractors. While so, some disputes arose between the first respondent and the workers engaged in the canteen regarding the payment of bonus and arrears of wages for a short period. Consequent on those disputes the following