- (1.) THE facts of this case as found by the Tribunal are as follows : "the Government of West Bengal by its order dated 29th November, 1976 referred an industrial dispute between the petitioner company and their workmen represented by commercial Employees, Union under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act) for adjudication on the following issue : bonus for the Canteen employees for the year ending 31st October, 1973
(2.) THERE is a canteen situated within the factory premises of the company and it started functioning since 21st of October 1970 in pursuance of the agreement of the year 1969. The furniture kept in the canteen hall as also the utensils used for the canteen have been provided by the company. There is a Managing Committee called Canteen Managing Committee for the purpose of supervision and control over the affairs of the canteen. The Canteen Managing Committee consists of six members three as the company's representatives and three as workmen's representatives. The committee is headed by its Chairman who happens to be the Works Manager of the company. Every year or at an interval of two, or three years agreements are entered into between the Coats of India Ltd. , Canteen Managing Committee on the one hand and the respective caterers. At the relevant time the Canteen, Managing Committee used to pay to the contractor Rs. 2. 95 per meal out of which Rs. 0. 40 was paid by the staff, and the balance was subsidized by the company. The employees get coupons in advance and the amount is adjusted with the salary for the following month according to the list furnished by the committee to the Company. The caterer is responsible for the supply of meals, snacks and tea to the factory employees. Whatever money is spent by the company for canteen, is entered into the books of account of the Company. After the contractor submits his bills, the Managing Committee forwards the same to the company with its recommendation and the Company pays the bills to the committee for payment to the contractor. The strength of the canteen staff varies between 11 and 15. The Tribunal also found that the canteen employees were not directly appointed by the Company nor had they ever moved the company for leave or other benefits enjoyed by the regular and direct employees of the company. The Tribunal also found that the canteen employees got their wages from the respective contractors after signing the registers and they sign the Attendance-cum-Pay Register maintained by the caterers.
(3.) THE point that arose for consideration was whether the Canteen employees are the employees of the Company or they are the employees of the individual contractors with whom the Canteen Managing committee had entered into agreements from time to time. The Tribunal came to the conclusion. that the Canteen employees must be held to be the employees of the Company. Being aggrieved by the same, the petitioner company has moved this application and obtained a rule and injunction.;