YOGITA KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE returnable forthwith.

(2.) PARTIES waived notice. Heard finally with the consent of the parties.

(3.) THE controversy in this petition is of a very narrow conspectus. The petitioner Mrs. Yogita Kapoor has entered into a contract with M/s Titan Industries Ltd. - respondent no. 3 herein. This contract was entered on 07 -07 -1997. Under the same, she was to prepare food as per the orders of the company and reach the said food to the employees of the Company. There were a number of employees, who required the food as they were either bachelors or not keeping their families with them and, therefore, the Company had made this arrangement of feeding them and for that purpose, the Company engaged the services of the petitioner. Annexure 1 to this writ petition is a contract for cooking. The Company had called the quotations and the petitioner responded to that invitation and was ultimately bestowed with the contract. The period of the contract was w.e.f. 01 -04 -1997 to 31 -03 -1998. The petitioner was to get Rs. 5/ - per lunch towards the preparation charges and material i.e. vegetable and grocery, to be supplied by the company. Clause I and II of the contract are relevant clauses in this contract. They are as under: "You shall prepare food to the order of the company at the time intimated to you. The quantity of the food will also be intimated to you the previous day. For this purpose the company shall supply you the ingredients. You shall arrange to cook the food in your premises and transport the same to the factory premises at 12 noon every day (except Sunday and other holidays as intimated to you from time to time) in the hot cases provided by the Company. These hot cases will be taken back by you as soon as the food is transferred to the containers available in the factory."