TaxTMI 
TaxTMI 
TaxTMI 
2003 (8) TMI 595
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....of the Andhra Pradesh Court in Writ Appeal No. 385 of 1996, whereunder the Division Bench, while setting aside the order of the learned Single Judge in Writ Petition No. 3793 of 1992, allowed the claims in the writ petition to the extent and subject to the conditions specified in the order. The appellant, National Thermal Power Corporation Ltd., Ramagundam Super Thermal Power Station, is a Public Sector Undertaking of the Government of India. It started a canteen in the year 1983 for the benefit of the employees of their unit, through a contractor and from that time onwards it was being run through contractors engaged from time to time. The total number of employees, at the relevant point of time, were said to be 2300 and about 54 persons w....
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....riodically - at times different contractors for different period, depending upon the successful offer made pursuant to invitation of tenders, that they have nothing to do with the total strength of workers engaged by such contractors, that they are neither workers relating to the manufacturing activities of the appellant-Undertaking of they perform any work incidental thereto or by any means could claim to be workers of the appellant within the meaning of the Industrial Disputes Act, 1947. The control, if at all, was said to be to ensure that there is no industrial unrest on account of the manner of running the canteen and proper food articles are made available hygienically and at the rates stipulated without sacrificing the quality of the....
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....al standards of minimum service period, it is not possible, therefore, to specify, in the same terms as the Supreme Court has done, in the instant case, but to observe generally that a person who has crossed the age limit or a person who is below the age of employment can obviously be not regularized or treated as employee of first respondent. Similarly, a person who is not medically fit cannot claim employment and if has so worked alright, but cannot by virtue of such employment claim the benefits of the employees of the first respondent. It would be advisable in such circumstances that the first respondent corrects its mistakes and allows the cases of all the employees and treats all those who are not unfit to continue in the employment o....
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....earing on either side. In (1973) IILLJ 130 SC (supra), this Court held that where there is a statutory liability on the company concerned to run a canteen in the factory, then even though the canteen was run by a Co-operative Society, the employees working in the canteen would be covered by the definition of the word "employed" envisaged in Section 3(31) of the Bombay Industrial Relations Act. In (2001) 1 SCC 298 (supra) dealing with the claim of workers of a canteen run through a private contractor in pursuance of the obligation of the industrial establishment under Section 46 of the Factories Act, 1948, this Court upheld the claim of workers for being treated as the workers of the company itself. In (supra), a Constitution Bench of this C....
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....Section 10(1) of the CLRA Act, no automatic absorption of the contract labour working in the establishment was ordered; (ii) where the contract was found to be a sham and nominal, rather a camouflage, in which case the contract labour working in the establishment of the principal employer were held, in fact and in reality, the employees of the principal employer himself. Indeed, such cases do not relate to abolition of contract labour but present instances wherein the Court pierced the veil and declared the correct position as a fact at the stage after employment of contract labour stood prohibited; (iii) where in discharge of a statutory obligation of maintaining a canteen in an establishment the principal employer availed the services of ....