M M R KHAN Vs. UNION OF INDIA
LAWS(SC)-1990-2-13
SUPREME COURT OF INDIA
Decided on February 27,1990

M.M.R.KHAN Appellant
VERSUS
UNION OF INDIA Respondents





Cited Judgements :-

HARYANA STATE MINOR IRRIGATION TUBEWELLS CORPORATION VS. G S UPPAL [LAWS(SC)-2008-4-1] [REFERRED TO]
SAVITRI DEVI VS. AIR INDIA INTERNATIONAL [LAWS(DLH)-1992-5-20] [REFERRED TO]
BALWANT SINGH VS. UNION OF INDIA [LAWS(DLH)-2000-5-24] [REFERRED]
V K SHARMA VS. UNION OF INDIA [LAWS(DLH)-2001-8-136] [REFERRED 7.]
BHARAT CATERING CORPORATION VS. UNION OF INDIA [LAWS(DLH)-2002-9-166] [REFERRED]
YOGENDER PAL VS. UNION OF INDIA [LAWS(DLH)-2006-8-136] [REFERRED TO]
METALLURGICAL ENGINEERING CONSULTANT INDIA LIMITED RANCHI VS. STATE OF BIHAR [LAWS(JHAR)-2003-12-11] [REFERRED TO]
CENTRAL BANK CANTEEN BOYS ASSOCIATION VS. CENTERAL BANK OF INDIA [LAWS(GAU)-1999-8-26] [REFERRED TO]
CENTRAL BANK OF INDIA VS. C B CANTEEN BOYS ASSN [LAWS(GAU)-2001-12-17] [REFERRED TO]
PRITISH RANJAN ROY VS. STATE OF TRIPURA [LAWS(GAU)-2005-2-16] [REFERRED TO]
V S T INDUSTRIES CANTEEN WORKERS UNION VS. VAZIR SULTAN TOBACCO CO LTD [LAWS(APH)-1995-10-67] [REFERRED TO]
KARRI POTHU RAJU VS. NATIONAL THERMAL POWER CORPORATION LTD [LAWS(APH)-1996-11-125] [REFERRED TO]
FERRO ALLOYS CORPORATION LTD VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1999-9-25] [REFERRED TO]
STEEL PLANT CANTEEN EMPLOYEES UNION VS. CHAIRMAN CUM MANAGING DIRECTOR [LAWS(APH)-2001-1-4] [REFERRED TO]
STEEL AUTHORITY OF INDIA LTD VS. I RAMENAYYA [LAWS(MPH)-1996-4-56] [REFERRED TO]
KARNATAKA ELECTRICITY BOARD BANGALORE VS. ANANDA [LAWS(KAR)-1997-8-39] [REFERRED TO]
INDIAN BANK VS. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL [LAWS(CAL)-2002-2-45] [REFERRED TO]
INDIAN OVERSEAS BANK STAFF CANTEEN WORKERS UNION VS. INDIAN OVERSEAS BANK [LAWS(MAD)-1997-10-43] [REFERRED TO]
UNION OF INDIA [RAILWAY BOARD] VS. J V SUBHAIAH [LAWS(SC)-1995-12-22] [DISSENTED FROM]
INDIAN PETROCHEMICALS CORPORATION LIMITED ANR VS. SHRAMIK SENA [LAWS(SC)-1999-8-88] [REFERRED]
STATE BANK OF INDIA VS. STATE BANK OF INDIA CANTEEN EMPLOYEES UNIONBENGAL CIRCLE [LAWS(SC)-2000-4-216] [REFERRED TO]
BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA VS. ACHINTYA KUMAR MONDAL [LAWS(SC)-1993-4-36] [REFERRED TO]
EMPLOYERS IN RELATION TO THE MANAGEMENT OF RESERVE BANK OF INDIA VS. WORKMEN [LAWS(SC)-1996-2-50] [DISTINGUISHED]
INDIAN OVERSEAS BANK VS. I O B STAFF CANTEEN WORKERS UNION [LAWS(SC)-2000-4-162] [REFERRED]
SURENDRA PRASAD KHUGSAL SURENDRA PRASAD KHUGSAL SURENDRA PRASAD KHUGSAL VS. CHAIRMAN M M T CORPN OF INDIA:DELHI ADMINISTRATION:UNION OF INDIA [LAWS(SC)-1993-8-87] [DISTINGUISHED]
CHANDRAN NAIR VS. INDO FRENCH TIME INDUSTRIES LIMITED [LAWS(BOM)-1991-8-63] [REFERRED TO]
LALBAVTA HOTEL AND BAKERY MAZDOOR UNION VS. BHARAT PETROLEUM CORPORATION LIMITED [LAWS(BOM)-1992-11-3] [REFERRED TO]
Tuticorin Port Trust Democratic Staff Union VS. Tuticorin Port Trust [LAWS(MAD)-2004-6-40] [REFERRED TO]
MAHANAGAR TELEPHONE NIGAM LTD VS. UMESH KORGA BHNDARI [LAWS(BOM)-2001-3-11] [REFERRED TO]
R P KUNDER VS. INDIAN OIL CORPN LTD [LAWS(BOM)-2001-10-38] [REFERRED TO]
VST INDUSTRIES LIMITED VS. VST INDUSTRIES WORKERS UNION [LAWS(SC)-2000-12-66] [REFERRED]
BARAT FRITZ WERNER LIMITED VS. STATE OF KARNATAKA [LAWS(SC)-2001-2-117] [REFERRED TO]
MISHRA DHATU NIGAM LIMITED VS. M VENKATAIAH [LAWS(SC)-2003-8-131] [REFERRED]
HALDIA REFINERY CANTEEN EMPLOYEES UNION VS. INDIAN OIL CORPORATION LTD [LAWS(SC)-2005-4-119] [REFERRED TO]
UNION OF INDIA VS. KAMLA DEVI [LAWS(SC)-2005-7-38] [REFERRED TO]
STATE OF KARNATAKA VS. KGSD CANTEEN EMPLOYEES WELFARE ASSOCIATION [LAWS(SC)-2006-1-20] [REFERRED TO]
KENDRIYA VIDHYALAYA SANGATHAN VS. SADHU SINGH [LAWS(DLH)-2002-9-6] [REFERRED 7.]
SADHNA PAYAL VS. DIRECTOR OF EDUCATION [LAWS(DLH)-2010-1-14] [REFERRED TO]
DIVISIONAL RAILWAY MANAGER SOUTH EASTERN RAILWAY VS. P VIJAYARATNAM [LAWS(ORI)-1999-12-3] [REFERRED TO]
KRISHNAN PANICKER K VS. HINDUSTAN MACHINE TOOLS LTD [LAWS(KER)-1999-8-12] [REFERRED TO]
TRANSFORMERS AND ELECTRICALS KERALA LTD VS. INDUSTRIAL TRIBUNAL ALAPUZHA [LAWS(KER)-2002-2-52] [REFERRED TO]
GOPALAKRISHNAN VS. COCHIN PORT TRUST [LAWS(KER)-2003-10-27] [REFERRED TO]
CHENNAI PORT TRUST INDUSTRIAL EMPLOYEES CANTEEN WORKERS WELFARE ASSOCIATION VS. UNION OF INDIA [LAWS(MAD)-2005-8-194] [REFERRED TO]
CHENNAI PORT TRUST VS. CHENNAI PORT TRUST INDUSTRIAL EMPLOYEES CANTEEN WORKERS WELFARE ASSOCIATION [LAWS(MAD)-2006-2-234] [REFERRED TO]
Oil AND Natural Gas Commission having its office VS. Petroleum Employees Union being a registered trade Union having its offie at Tel Rasayan Bhavan [LAWS(BOM)-2005-12-105] [REFERRED TO]
CONTRACT LAGHU UDYOG KAMGAR UNION VS. S N SAUNDANKAR PRESIDING OFFICER CENTRAL GOVT INDUASTRIAL TRIBUNAL [LAWS(BOM)-2006-8-17] [REFERRED TO]
CHAIRMAN TUTICORIN PORT TRUST VS. TUTICORIN PORT DEMOCRATIC STAFF UNION [LAWS(MAD)-2007-11-263] [REFERRED TO]
MANAGEMENT MADURANTHAGAM CO-OP SUGAR MILLS LTD VS. JOINT COMMISSIONER OF LABOUR APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT [LAWS(MAD)-2008-11-237] [REFERRED TO]
WORKMEN OF TARODA OPENCAST MINE OF WESTERN COALFIELDS LIMITED VS. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT [LAWS(BOM)-2011-1-36] [REFERRED TO]
NARAIN DASS VS. LEGAL REPRESENTATIVE OF CHAMPA [LAWS(RAJ)-1990-11-53] [REFERRED TO]
RAJWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2012-5-27] [REFERRED TO]
INDIAN NAVAL CANTEEN SERVICE EMPLOYEES UNION VS. UNION OF INDIA [LAWS(KER)-2013-9-23] [REFERRED TO]
ASHOKE KUMAR SINHA ROY VS. UNION OF INDIA [LAWS(CA)-2012-4-1] [REFERRED TO]
K.L. ARORA VS. REGISTRAR, COOPERATIVE SOCIETIES [LAWS(P&H)-2009-3-171] [REFERRED TO]
SHAKUNTLA P. GUJJAR VS. UNION OF INDIA [LAWS(CA)-2014-1-6] [REFERRED TO]
STATE VS. RAMA NAND [LAWS(J&K)-2000-11-28] [REFERRED TO]
THE GENERAL MANAGER, BHARAT HEAVY ELECTRICALS LTD. VS. CANTEEN WORKERS OF BHEL AND ORS. [LAWS(MAD)-2015-2-30] [REFERRED TO]
THE CHAIRMAN, COCHIN PORT TRUST VS. THE GENERAL SECRETARY, ERNAKULAM HOTEL THOZHILALI UNION AND ORS. [LAWS(KER)-2015-3-40] [REFERRED TO]
THE GOA M.R.F. EMPLOYEES UNION VS. ICARUS FOODS & FARM AND ORS. [LAWS(BOM)-2014-8-228] [REFERRED TO]
SUBHODH CHANDRA DUTTA AND ORS. VS. UNION OF INDIA (RAILWAYS) AND ORS. [LAWS(DLH)-2015-4-140] [REFERRED TO]
PATEL TARUNKUMAR SHANKARLAL AND ORS. VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2015-8-8] [REFERRED TO]
SANCHAYEETA DEB VS. THE STATE OF TRIPURA AND ORS. [LAWS(TRIP)-2015-10-31] [REFERRED TO]
MUKHTIAR SINGH VS. REGIONAL MANAGER, F.C.I. [LAWS(P&H)-1990-10-47] [REFERRED]
RAJ KUMAR SARDAR VS. UNION OF INDIA AND ORS. [LAWS(CAL)-1998-9-72] [REFERRED TO]
RADHESHYAM VS. MUNICIPAL CORPORATION, GWALIOR [LAWS(MPH)-1994-8-86] [REFERRED TO]
UNION OF INDIA AND ORS. VS. C.A.T. AND ANR. [LAWS(RAJ)-2004-4-91] [REFERRED TO]
MINE OF WESTERN COALFIELDS LTD VS. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO 2, MUMBAI AND ORS [LAWS(BOM)-2011-1-215] [REFERRED]
MAHARASHTRA GENERAL KAMGAR UNION VS. CIPLA LIMITED [LAWS(BOM)-1996-8-122] [REFERRED]
LALBAVTA HOTEL & BAKERY MAZDOOR UNION VS. BHARAT PETROLEUM CORPORATION LTD [LAWS(BOM)-1992-12-54] [REFERRED]
DAIRY KARAMCHARI UNION, JODHPUR AND ORS VS. R K TRASHAL & ORS [LAWS(RAJ)-2011-12-157] [REFERRED]
S SARASWATHI VS. SECRETARY TO GOVERNMENT AND ORS [LAWS(MAD)-2014-4-368] [REFERRED]
RAM ASHRAY SINGH SON OF LATE DASHRATH SINGH, RESIDENT OF MOHALLA VS. THE UNION OF INDIA THROUGH GENERAL MANAGER, E.C. RAILWAY, HAJIPUR (VAISHALI) [LAWS(PAT)-2017-1-28] [REFERRED TO]
GEETA DEVI VS. UNION OF INDIA [LAWS(PAT)-2017-4-57] [REFERRED TO]
ORISSA KHADI AND VILLAGE INDUSTRIES BOARD KARMACHARI SANGHA VS. STATE OF ORISSA [LAWS(ORI)-2018-2-54] [REFERRED TO]
MANAGING DIRECTOR STATE BANK OF SAURASHTRA VS. BHAVNAGAR JILLA MAZDOOR SANGH C/O. MANIBHAI GANDHI AND 2 [LAWS(GJH)-2017-4-469] [REFERRED TO]
LATA RANA AND OTHERS VS. D.A.V. PUBLIC SCHOOL AND OTHERS [LAWS(DLH)-2018-9-399] [REFERRED TO]
UNION OF INDIA THRU GENRAL MANAGER N E R GORAKHPUR & ANR VS. N E R EMPLOYEES UNION(PRKS) GORAKHPUR THRU BRANCH SECY &ORS [LAWS(ALL)-2019-7-27] [REFERRED TO]


JUDGEMENT

Sawant, J. - (1.)This group of petitions concerns the workers in canteens run in the different railway establishments. The relief claimed in all the petitions is that the workers concerned should be treated as railway employees and should be extended all service conditions which are available to the railway employees.
(2.)For our purpose, these canteens have to be classified into three categories, viz. (i) Statutory Canteens - These are canteens required to be provided compulsorily in view of the provisions of Section 46 of the Factories Act, 1948 (hereinafter referred to as the Act) since the Act admittedly applies to the establishments concerned and the employees working in the said establishments exceed 250; (ii) Non-Statutory Recognized Canteens - These canteens are run in establishments which may or may not be governed by the Act but which admittedly employ 250 or less than 250 employees, and hence, it is not obligatory on the railways to maintain them. However, they have been set up as a staff-welfare measure where the employees exceed 100 in number. These canteens are established with the prior approval and recognition of the Railway Board as per the procedure detailed in the Railway Establishment Manual; and (iii) Non-Statutory Non-Recognised Canteens - These canteens are run at establishments in category (ii) above but employ 100 or. less than 100 employees, and are established without the prior approval or recognition of the Railway Board.
(3.)The present petitions concern employees in all the three types of canteens. It will be convenient to deal separately with the employees in the three types of canteens, because, the history of litigation and the arguments advanced in respect of each of the categories are different.
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