AIR 1999 SUPREME COURT 2577 ::1999 AIR SCW 2740 ::1999 LAB. I. C. 3078 ::1999 (5) Kant LD 280 ::1999 Lab LR 961 ::1999 (7) ADSC 240 ::1999 ADSC 7 240 ::1999 (2) CurLR 634 ::1999 SCC (L&S) 1138 ::1999 (6) SCC 439 ::(1999) 2 LabLJ 696 ::(1999) 4 Scale 432 ::(1999) 2 AndhWR 235 ::1999 (4) Bom CR 859 ::(1999) 95 FJR 417 ::1999 (3) SCT 815 ::1999 (2) RajLW 329 ::1999 (4) LRI 1 ::1999 (3) Bom LR 704 ::1999 Bom LR 3 704 ::1999 (6) Supreme 542 ::1999 (8) SRJ 202

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): S. P. Bharucha, R. C. Lahoti, N. Santosh Hegde , JJJ

(A) Factories Act (63 of 1948) , S.2(1), S.46— Statutory canteen - Workmen working in these canteen, even if employed through contractor - Are employees of management for purposes of act only and not for any other purpose i.e. seniority, promotion, retirement benefits etc. (Para 16 22) (B) Factories Act (63 of 1948) , S.2(1), S.46— Workmen of statutory canteen - Nature of - Whether employees of management for all purposes - Canteen, though being managed by contractor has been in existence from inception of establishment - Workmen continued to work in spite of there being change in contractor - Plea of management that continuity of service of workmen was pursuant to directions issued by Industrial Court - Management, however, failed to challenge directions of Industrial court which became final - Workmen of canteen, are infact permanent employees of management. Contract Labour (Regulation and Abolition) Act (37 of 1970) , S.10— In instant case the canteen in establishment of management is a statutory canteen and employer did not challenge decision of Industrial Court relating to continuity of workmen in canteen irrespective of change in contractor held the workmen are in fact workmen of employer-management. Apart f....