N. P. Singh, J. - (1.) The Board of Trustees for the Port of Calcutta have filed this appeal, for setting aside the judgment of the High Court, directing the appellant to treat the writ petitioners-respondents, who are the employees of the non-statutory Canteens, at par with the employees of the statutory Canteens and to pay at the same rate what is being paid to the employees of the statutory Canteens run by the appellant.
(2.) The writ application in question had been filed alleging that there were twenty-two Canteens, which were non-statutory in nature, but were being managed under the direct supervision and control of the appellant and as such, employees of such Canteens were entitled to the same salary, allowances and other benefits which are available to the employees of the statutory Canteens established and maintained by the appellant. The said writ application was dismissed by the learned single judge on a finding that employees of such non-statutory Canteens, had neither been appointed by the appellant, nor they were under the administrative control of the appellant; rather the different Managing Committees were managing those Canteens and, as such, the employees of such Canteens cannot be held to be employees of the appellant, there being no relationship of employer and employee.
(3.) On appeal being filed on behalf of the writ petitioners, the Division Bench came to the conclusion, that if the veil was lifted, it left no manner of doubt that the appellant was the real employer of the persons engaged in such non-statutory Canteens and not the contractors concerned. A direction was given on basis of the aforesaid finding that appellant should treat the employees of such non-statutory Canteens and restaurants as its employees and should pay the same salary, allowances and other emoluments, which were being paid to the employees of the statutory Canteens.;