The canteen workers are entitled to be declared as regular workers of the Port Trust.

Headnote:
Canteen Workers - Port Trust - The canteen workers are in fact the workers of the Port Trust. The canteen had been established by the Port Trust as a Departmental canteen. The canteen workers are entitled to be declared as regular workers of the Port Trust. The respondent is directed to absorb the departmental canteen workers working in the Port Trust canteen managed by the Tuticorin Port Trust Canteen Management Committee.
Fact of the Case:

The canteen workers are in fact the workers of the Port Trust. The canteen had been established by the Port Trust as a Departmental canteen. The canteen workers are entitled to be declared as regular workers of the Port Trust.
Finding of the Court:

The canteen workers are entitled to be declared as regular workers of the Port Trust. The respondent is directed to absorb the departmental canteen workers working in the Port Trust canteen managed by the Tuticorin Port Trust Canteen Management Committee.
Issues: The issue of maintainability of the Writ Petition was raised on the pretext that there are disputed questions of fact. The contention was rejected by the Court. The Court also examined the issue based on various judgments of the Hon-ble Apex Court.
Ratio Decidendi: The canteen workers are entitled to be declared as regular workers of the Port Trust. The canteen had been established by the Port Trust as a Departmental canteen. The respondent is directed to absorb the departmental canteen workers working in the Port Trust canteen managed by the Tuticorin Port Trust Canteen Management Committee.
Final Decision: The respondent is directed to absorb the departmental canteen workers working in the Port Trust canteen managed by the Tuticorin Port Trust Canteen Management Committee. The respondent is directed to prescribe the Rules and Regulations and service conditions of such canteen workers including their pay and other attendant benefits within a period of three (3) months from the date of receipt of a copy of this order.

ORDER

This Writ Petition has been placed on Board pursuant to the order of remand made by the Hon'ble Apex Court in the judgment reported in 2019 (5) SCC 587.

2. Heard Ms.R.Vaigai, learned Senior Counsel for Mr.V.Ajay Khose, learned counsel appearing on behalf of the petitioner and Mr.Abdul Saleem, learned Senior Counsel for Mr.Anand Abdul Vinoth, learned counsel appearing on behalf of the respondents.

3. The learned counsel for the petitioner would submit that the canteen was established in the year 1973, pursuant to the proceedings of the then Chief Engineer and Administrator. The said Authority had accorded sanction for the formation of the Departmental Canteen in Tuticorin Harbour Project. A committee was also nominated by the said Authority consisting of seven persons. She would further contend that the Management of the canteen was directly managed under the Port Trust Management Committee and when the Tuticorin Port Trust was declared as a major Port, it was directly under the control of the Chairman. The canteen had always been managed by the Committee that had been nominated by the Management of the Port Trust. However, the canteen workers were not included in the schedule of staff of Port under Section 23 of the Major Port Trust Act, 1963. Therefore, the service conditions of the canteen workers were also not governed by the Port Regulations. She would further submit that the canteen had been established as a departmental canteen in the year 1973 and therefore, the canteen is a part and parcel of the Port Trust administration. She would submit that the facility of the canteen had become a part and parcel of the service condition and welfare of the employees of the Port. In that aspect, she would refer to 12(3) Settlement that had been arrived at by the Management and the Union. She would also contend that it is a statutory obligation on the part of the Management to establish a canteen in view of the settlement apart from the provisions of the Factories Act which provides for the mandatory canteen.

4. She had made various factual submissions relying upon various documents which are tabulated as follows:-

DATES	EVENTS
101773	Sanction was accorded for establishing a departmental canteen and also the Management Committee was appointed by the Chief Engineer and Administrator of the Port Trust.
111073	The Patron/Chief Engineer cum administrator has issued orders to inform all the officers and members of the regular and work charged staff of the project regarding the decision to establish a departmental canteen. Additionally, in the order, it has been stated that all employees are required to contribute a sum of Rs. 25/- or its equivalent on a recurring basis. Correspondingly, the order also emphasizes the timely repayment of any loans taken.
111973	The Chief Engineer and administrator have drafted a formal communication addressed to the District Collector, Tirunelveli, informing that a departmental Vegetarian Canteen will be ceremoniously inaugurated in the Harbour Project campus area on November 21st, 1973. Furthermore, the aforementioned correspondence highlights that the establishment of this canteen aligns with the recommendations of the pay commission, affirming the importance of providing such amenities as a welfare measure for workers and staff. The canteen is expected to serve a total of 750 individuals, including officers, staff,

	and workers. To effectively fulfill the dietary needs of these individuals through the departmental canteen, it requested that two bags of sugar, two bags of sooji (Rava), and two bags of maida be supplied on a monthly basis.	is This

112173	The circular has been issued by the Secretary regarding the inaugural ceremony of the departmental canteen, which is scheduled to take place at

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