SCOOTER INDIA LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Through this writ petition, the Petitioner has challenged the award dated February 20, 1995 passed by the Labour Court, Lucknow--opposite party No. 1.

(2.) The facts in brief are that the Petitioner is a registered body within the meaning of the Factories Act and as such there is statutory obligation to provide Canteen for the welfare of the Petitioner s employees and with that view a Canteen was set up for providing meals, tea and snacks at subsidized rates to its employees and at subsequent point of time it gave contract to the Contractor Messrs Sabbarwal and others.

(3.) Due to the fact that the quality of preparations in the Canteen were not up to the mark by the Contractor, various memorandums were given by the Employees Union and ultimately it was decided that they will run the Canteen themselves by forming Co-operative Society and for that purpose, a Society was formed. The employees of the Petitioner formed an ad hoc body of SIL Canteen Cooperative Society Limited and entered into an agreement with the Petitioner for running the canteen on contract basis as the Contractor left the Canteen abruptly. These employees working, in the Canteen were subjected to a fresh contract of service and issued a fresh appointment letters. The opposite party No. 2 continued to work continuously without interruption, in due course of time as the elections could not be held, an Administrator was appointed by the Registrar Cooperative Society.