Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act Labour Laws 1947 S. 10(2)/Constitution of India 1950 Article 39(d) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Labour Laws:Industrial Disputes Act, 1947; S. 10(2)/Constitution of India, 1950; Article 39(d): Service conditions - Employees of a canteen engaged by a welfare Committee of Respondent-organisation claiming to be treated at par with its regular employees - Disputes - Industrial Tribunal passing an award holding that workmen of the Canteen entitled to same pay scales as available to the workmen of the Guest House and Tea Club run by respondent-organisation - Challenge to - Dismissed by Single Judge of the High Court - Reversed by Division Bench of the High Court holding that since there was no master and servant relationship between the workmen of Canteen and the respondent organization, they are not entitled to same service benefits as are admissible to its regular workmen - On appeal, Held: In order to grant equal pay for equal work, the Court has to first redress the question whether any relationship of master and servant exists between the workmen and the organization - In the present case, on evidence, there exists no master servant relationship between the workmen of the Canteen and the respondent organisation since the workmen of Canteen are appointed by a welfare Committee of the respondent and not by the respondent - In the absence of existence of master and servant relationship between workmen of the Canteen and the respondent organisation, question of giving them same benefits, including salary at par with the workmen of respondent-organisation, does not arise. A writ petition was filed by the appellants in the Apex Court earlier and this Court by order dated 23rd February, 1987 directed to list the matter after pronouncement of the judgment in a bunch of writ petitions. Later, after pronouncement of the judgment in such petitions, when the writ petitions came up for final disposal, the Court passed an order directing the State Government to refer the dispute, as to whether the employees of canteen engaged by the Welfare Committee of respondent/MECON & Others are entitled to the same service conditions/benefits as are applicable to the employees of the VIP Guest House and of the Tea Club who were engaged by MECON, and if so, from which date etc., to the Industrial Tribunal for adjudication. Accordingly, State Government referred the disputes to the Industrial Tribunal under Section 10(2) of the Industrial Disputes Act for adjudication. The Tribunal raised the following points for consideration: "(i) Whether the present reference is bad in law and on facts.? (ii)Whether the relationship of employer and employees exists in between the management of MECON; and (iii) Whether the employees of MECON Canteen are entitled to get pay scale and other benefits as available to the employees of VIP Guest House as well as the employees of Tea Club of MECON. The Tribunal held that neither the reference was bad in law nor on facts, relationship of employer and employees existed between the management of MECON and the workmen of MECON Canteen and that the workmen of MECON Canteen are entitled to get pay scales and other benefits which were available to the workmen of MECON, VIP Guest House and MECON Tea Club from the dates of appointments. This award was challenged by MECON in the High Court. Single judge of the High Court upheld the order of the Tribunal and declined to interfere under Article 226 of the Constitution of India. Aggrieved against the order, MECON approached the Division Bench of the High Court by way of filing an appeal. The Division Bench of the High Court observed that no Master and servant relationship existed between the employees of the Canteen and MECON, and as such they were not entitled to the same service benefits as are admissible to the employees of MECON serving for the VIP Guest House or for the Tea Club. Hence the present appeal.Appellant submitted that the Division Bench of the High Court has gone wrong and should not have gone into the question of relationship of employees of the canteen with that of the management of MECON. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2007 INSC 852 |
Petitioner | Canteen Mazdoor Sabha |
Respondent | Metallurgical Engg. Consultants (i) Ltd. & Ors. |
SCR | [2007] 9 S.C.R. 210 |
Judgement Date | 2007-08-21 |
Case Number | 1587 |
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