1964 (1) TMI 37

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....ran Book Stall at the railway station at Tiruchirapalli Junction. Under an agreement with the Railway Administration, he undertook to vend on the station platform and along the train side, food packets, refreshments and beverages prepared by the Administration at the vegetarian refreshment room. He was allowed for the purpose, the use of the vessels, utensils, furniture, stores, etc., belonging to the Administration and was to be paid at the end of each day twelve naye Paise per rupee on the value of edibles or beverages etc., supplied to him. The petitioner should employ his own servants for the vending, but they should possess the specified attributes and submit themselves to periodical medical examination and character investigation by t....

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....fficials of the Administration in the day to day performance of the agreement. These provisions indicate that there was a great degree of control and direction by the Administration in respect of the manner in which the food packets etc. were to be sold by the petitioner to the railway passengers. Though the agreement is not clear about it, the Tribunal below has held that unsold refreshments could not be returned by the petitioner vendor to the Administration; but, on the contrary, he would be liable to the latter for their price. Clause 18(ii), however, speaks only of the vendor remitting the entire sale proceeds of the articles supplied; it has no reference to the petitioner being liable for the price himself. That, however, is not of....

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.... a power in the Railway Administration to punish the petitioner for misconduct by imposing a fine up to a limit of Rs. 100. That is quite inconsistent with the relationship of a vendor and vendee. The Appellate Tribunal found in favour of such relationship on a curious line of reasoning and by adopting an unsatisfactory procedure. It has stated: "The suggestion that it was the railway who sold the refreshments through him (petitioner) as its servant is puerile. We have asked the State Representative to verify as to what obtained in practice. He has done so. It is seen from the letter addressed to the appellant that items of refreshments or beverages given to the appellant vendor by the refreshment room manager for sale would not be taken....