K.K. Sasidharan, J.

This writ petition is directed against the award of the Labour Court, Vellore dated 17-12-1999 in I.D. No. 93 of 1992 whereby and whereunder the Labour Court declared the canteen workers of Bharat Heavy Electricals Limited (hereinafter referred to as “BHEL”), Ranipet as their regular workers and directed the management to grant such status with effect from 23.11.1987 with all monetary benefits.

BACKGROUND FACTS:

2. The petitioner is a Public Sector Undertaking Company wholly owned by the Government of India, engaged in the manufacture of Heavy machinery. The petitioner Unit is located at Ranipet in the State of Tamil Nadu.

3. The petitioner has provided a canteen to its employees in accordance with Section 46 of the Factories Act, 1947. The canteen was originally managed by an independent contractor. Subsequently in the year 1986, the second respondent Society was formed by the workmen of the contractor. The second respondent (hereinafter referred to as “Society”) is a labour Co-operative Society registered under the Tamil Nadu Co-operative Societies Act, 1961.

4. The petitioner has entered into a written agreement with the Society and as per the said agreemen