GENERAL EMPLOYEES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner-Union represents the workmen employed at the canteen of respondent No. 4, suvidha Catering Service, in the establishment of respondent No. 3, the Hindustan Petroleum corporation Ltd. The said canteen is maintained under the provisions of Section 46 of the factories Act. The petitioner-Union raised a dispute on behalf of the workmen working in the fourth respondent canteen with the third respondent-Corporation as under :

(2.) BEING aggrieved, the petitioner-Union invoked the writ jurisdiction of this Court under article 226 of the Constitution and filed this writ petition.

(3.) MR. Gopalakrishnan, appearing on behalf of the petitioner-Union, urged that in the facts and circumstances of this case, the appropriate government is the Central Government and, therefore, the second respondent-Assistant Labour Commissioner was wrong in making the impugned order. Mr. Master, learned government counsel appearing on behalf of the Union of India and the assistant Labour Commissioner, submitted that in view of a judgment by this Court is miscellaneous Petition No. 2300 of 1979 decided on December 5, 1983 in which it was held by pendse, J. that the employees working at the canteen are not the employees of the third respondent-Corporation, the appropriate Government would not be the Central Government. Mr. Rele, appearing on behalf of the third respondent-Corporation submitted that although the employees working at the canteen are not the employees of the third respondent-Corporation, the appropriate Government in the facts and circumstances of this case would be the Central government. Mr. Ganguli, appearing on behalf of the fourth respondent-canteen contractor submitted that the appropriate Govt. here would be the Central Government.