G.C.Gupta, J. - (1.) This appeal is directed against an order dated 23-11-1995 by which a learned single Judge of this Court held that the employees of the Canteen run by the Damodar Valley Corporation Employees Cooperative Stores and Canteen Ltd. (hereinafter referred to as the Co-operative) are to be treated as the employees of the DVC and they should be given the benefit of proper pay scale and other benefits as are admissible to the employees of the DVC. On the basis of the aforesaid findings, the learned single Judge directed the DVC authorities to pay the scale applicable to the employees of non-statutory Canteens as per the directives of the Government of India dated 24-11-1986. Aggrieved by this order the DVC has preferred this appeal.
(2.) The basic question is whether the employees of the Canteen in question are to be terated to be the employees of DVC. For an answer to this question, the following facts and circumstances of this case may be noticed:
(3.) There are 20 persons working in the Canteen. The longest in service is alleged to have been employed in the year 1966. Others have entered in the service between the year 1973 and 1992. DVC grants monthly subsidy to Co-operative for meeting establishment costs which includes salary, bonus and diverse allowances payable to the employees as would appear from annexure E to the writ petition and annexure A to the affidavit-in-reply. It also appears from annexure A to the rejoinder that DVC has also sanctioned funds for procurement of corckeries, utensils, refrigerators, furniture and liveries for the Canteen workers.;