PRATAP MARDOKAR Vs. GOA SHIPYARD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India whereby the petitioner has sought a declaration that all the workers employed in the Canteen on the premises of Goa shipyard Ltd. are the direct employees of the Respondent No. 1, i. e. Goa Shipyard Ltd. , and for issue of writ of mandamus and grant of consequential reliefs. The petitioner has invoked Section 46 of the Factories Act, 1948 for the purposes of reliefs claimed in this petition. The petitioner seeks enforcement of statutory obligations of Respondent No. 1 emanating from Section 46 of the factories Act, 1948 and the rules made thereunder. The subject matter of this petition is covered by direct decisions of the Supreme Court in favour of canteen employees of the factory.

(2.) WE shall first set out the relevant facts having bearing on subject matter of this petition.

(3.) THE Respondent No. 1 is a public sector undertaking working under the Ministry of Defence production. It employs about 2,000 workmen at its factory premises at Vaddem in Vasco da gama, Goa. The Respondent No. 1 is "a factory" duly covered under the Factories Act, 1948. The Respondent No. 1 is under a statutory obligation to provide and maintain a canteen or canteens for the use of the workers employed at the factory. Section 46 (1) of the said Act imposes statutory obligation on the occupier of the factory to provide and maintain statutory canteen or canteens for the use of the workers. By the judicial decisions of the Apex Court, it has been held that an owner of the factory is under a statutory obligation to provide and maintain the canteen as provided under Section 46 of the Act, and the owner of the Factory is under a statutory obligation to provide and maintain the canteen/s for benefit of workers of the factory as a part of manufacturing activity of the company as incidental to the business of the factory. The goa, Daman and Diu Factories Rules, 1985 have made elaborate provisions for establishment and management of Canteens by the occupier and owner of the factory under Rules 96 to 101 of the said Rules. Similar provisions were made by the earlier Rules made by the Government.