PARIMAL CHANDRA RAHA Vs. LIFE INSURANCE CORPORATION OF INDIA

JUDGEMENT

(1.) The appellants - 42 workmen -working in the canteens at four different offices of the respondent-Corporation in Calcutta, are involved in the present proceedings. In 1985, they had approached this Court for certain reliefs by a writ petition under Article 32 of the Constitution. By its order of 19th July , 1986, this Court had directed them to aproach the High Court. Hence they had withdrawn the writ petition with liberty to move the High Court under Article 226 of the Constitution, which they did and the present appeal arises out of the said proceedings. Since on behalf of the respondents an objection is raised that the appellants have been claiming in these proceedings relief which they had never prayed for in the writ petition before the High Court, we may at the outset summarise the contents of the writ petition filed by them in the High Court.

(2.) In Para 2 of the writ petition, the appellants have averred that they are canteen employees of the Corporation and working in the canteens managed by the Corporation. In para 3, they have stated that they are employed in the canteens of the Corporation and some of them for decades, since the inception of the Corporation and others for a minimum of seven years, and are holding the designations variously of Canteen General Manager, Canteen Manager-cum-Salesman, Kitchen Clerk, Canteen Clerk Halwai, Assistant Halwai, Cook, Bearer, Wash-boy and Sweeper etc. In para 4 they have specified the four departmental canteens of the Corporation where they have been working. In paragraph 5, they have averred there that they are paid at the rate much below the rate at which canteen employees working under different Government departmental canteens including those run by statutory Corporations and Railways are paid. They have also stated there that the employees of the canteens in different Government offices and Railways throughout the Country are enjoying at least the pay-scales which are enjoyed by the peons of the respective offices. In paragraph 6, they have given the emoluments which the Class - IV employees of the Corporation get which are between Rs. 700/- and 800/- per month against the wages they get as canteen employees ranging from Rs. 100/- to Rs. 200/- per month. In Paras 7 and 16 of the writ petition, to quote them verbatim, it is then averred as follows:

(3.) The case of the respondent-Corporation before the learned single Judge of the High Court as made out in their counter to the writ petition was that the canteens did not belong to it nor were they run by it. The Corporation only gave its employees the facilities to run the canteens. The canteens were run during different periods either by the canteen-committees of the staff or their co-operative society through the contractors, and the appellants were engaged by the contractors or the co-operative society. It has no connection much less contract of employment with the appellants. Nor does it have any control over their working, conditions of service or the termination of their services . They are, therefore, not the employees of the Corporation and cannot be deemed to be so. Hence they are not entitled to the relief claimed by them. The learned single Judge by his decision of 27th September, 1989 allowed the writ petition and directed the respondent-Corporation to implement the policy of equal pay for equal work and pay the appellants minimum salary as is enjoyed by the regular staff of the Corporation or such pay as is enjoyed by regular canteen workers in the other Government establishments of public undertakings. The learned Judge also directed that the appellants shall be treated as direct workers under the Corporation and shall be given all service benefits accordingly.