KRISHNAN PANICKER K Vs. HINDUSTAN MACHINE TOOLS LTD

JUDGEMENT

(1.) The third respondent in O.P. No. 8522 of 1988-M is the appellant herein

(2.) Hindustan Machine Tools Ltd., Kalamassery, the first respondent herein and the petitioner in O.P.No.8522 of 1988 (hereinafter called 'the Company') is a Government Company incorporated under the Indian Companies Act. The company is engaged in the manufacture of machine tools and printing press machinery at its factory at Kalamassery. For the benefit of the workmen, a canteen is situated outside the factory premises, but, however, within the estate of the company. The canteen was being run on contract basis by licensees/contractors to whom it was awarded for a specific period by inviting competitive tenders in accordance with the procedure laid down by the Government of India governing the award of contracts by the Government undertakings. During the year 1975 the Company invited tenders for running the canteen and one Sri. A.C. Kunju Mohammed was the successful tenderer to whom the licence to run the canteen was granted. As per the terms of the agreement executed by the said A.C. Kunju Mohammed, he had to employ his own workmen for running the canteen, paying their wages, benefits etc.

(3.) The appellant herein would claim that he was employed as a cook in the canteen run by the 4th respondent as a licensee from the company with effect from 20th of June 1969. The grievance of the appellant is that he was denied employment with effect from 23.2.1975. In this regard, he gave a complaint to the Labour Officer on 11.6.1975. An industrial dispute was raised before the Conciliation Officer. But, however, no settlement was reached in the conciliation proceedings and the Conciliation Officer sent his failure report to the Government. Thereafter, the industrial dispute raised by the appellant against the said A.C. Kunju Mohammed for denial of employment was referred for adjudication to the Industrial. Tribunal, Calicut which was having the jurisdiction over the matter at that time. The Government Order passed in this regard by the Labour (A) Department of Government of Kerala, namely, G.O. (Rt.) No. 475/ 76/LBR dated 30.3.1976 reads thus: