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In Anadi Muktas case this Court examined the various aspects and the distinction between an authority and a person and after analysis of the decisions referred in that regard came to the conclusion that it is only in the circumstances when the authority or the person performs a public function or discharges a public duty Article 226 of the Constitution can be invoked | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the present case,the appellant is engaged in the manufacture and sale of cigarettes | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Manufacture and sale of cigarettes will not involve any public function | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Incidental to that activity there is an obligation under Section 46 of the Act to set up a canteen when the establishment has more than 250 workmen | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
That means,it is a condition of service in relation to a workman providing better facilities to workmen to discharge their duties properly and maintain their own health or welfare | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In other words,it is only a labour welfare device for the benefit of its work force unlike a provision where Pollution Control Act makes it obligatory even on a private company not to discharge certain effluents | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In such cases public duty is owed to the public in general and not specific to any person or group of persons | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Further the damage that would be caused in not observing them is immense | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If merely what can be considered a part of the conditions of service of a workman is violated then we do not think there is any justification to hold that such activity will amount to public duty | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thus,we are of the view that the High Court fell into error that appellant is amenable to writ jurisdiction | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This Court in Indian Petrochemicals Corporation Ltd.& Anr.vs | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Shramik Sena & Ors.,1999(6) SCC | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
439 1999 Indlaw SC 513,referred to the decisions in Parimal Chandra Rahas case,Reserve Bank of India vs | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Workmen,1996 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
3) SCC 267,and M.M.R.Khan vs | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Union of India,1990 Supp | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
SCC 191 1996 Indlaw SC 618,and held that the workmen of a statutory canteen,as in the present case,would be workmen of an establishment for the purposes of the Act only and not for other purposes | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thereafter,this Court further examined whether the material on record would show that the workmen are employees of the management for all purposes and adopted some of the tests as follows | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The canteen has been there since the inception of the appellants factory | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The workmen have been employed for long years and despite a change of contractors the workers have continued to be employed in the canteen | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The premises,furniture,fixture,fuel,electricity,utensils,etc.have been provided for by the appellant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The wages of the canteen workers have to be reimbursed by the appellant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The supervision and control on the canteen is exercised by the appellant through its authorised officer,as can be seen from the various clauses of the contract between the appellant and the contractor | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The contractor is nothing but an agent or a manager of the appellant,who works completely under the supervision,control and directions of the appellant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The workmen have the protection of continuous employment in the establishment | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the present case,the findings recorded by the learned Single Judge on examination of the facts available is that there had been a canteen within the premises of the appellant up to the year 1982 and it is only from 1982 onwards the management of the canteen has been entrusted to a private contractor; that even after change of the contractor,the canteen workers have continued to be the same irrespective of the change in the contractors from time to time; that wages were paid to the workmen in the canteen by the management through the contractor; that the appellant has provided the accommodation,furniture,fuel,electricity,utensils,etc | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
that the management exercises control over the standard in quality,quantity and the rate of the food items supplied to the workmen for whose benefit the canteen is established | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thus,these circumstances clearly indicate that the appellant has a complete control over the Activities in respect of the canteen and the contractor has absolutely no discretion either in regard to the menu,quality and quantity of the food items much less the rate at which the same are supplied to the workmen | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
When the management of the appellant exercises such a complete control,the canteen shall be deemed to be run by the management itself | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appellant in any manner cannot controvert these facts | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We do agree that the respondents have a strong case on merits | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Since we have held that the High Court had no jurisdiction to entertain a petition under Article 226 of the Constitution,we would have set aside the order made by the High Court | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
However,in the special features of the case,although we do not agree with the High Court on the first question raised,we feel,after clarifying the legal position,that we should not disturb the decision given by the High Court | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appeal,therefore,stands dismissed subject to what is stated in regard to writs to be issued by the High Court in respect of persons or authorities exercising public duty or otherwise | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No costs | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Civil Appeal Nos.6533/97 & 6534/97 | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In these appeals,on a reference made on the question whether certain persons employed in the canteen should be treated as employees of the appellant and,if so,in what category they are to be fitted in and to what wages they are entitled to,the Industrial Tribunal,Hyderabad,[hereinafter referred to as the Tribunal] inquired into the matter | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The contesting respondents contended that the workmen in the canteen had been working right from its inception,that is,since 1967; that from 1976 onwards,after expiry of the contract with the Industrial Catering Services,they had been directly working with the appellant without any contractor; that they sought for regularization of their services by letter dated 28 February 1978; that the said letter was corrected and redrafted by the Personnel Manager to indicate the idea of floating an Association/Society to run the canteen; that this modified request contained in Ex.W-49 was stated to be contradictory to the stand taken by the workmen all through | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Tribunal concluded that there was no doubt that the Personnel Manager modified Ex.W-50 and obtained Ex.W-49 in the modified form | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Tribunal held against them,as there was no material to show that the management had discussed on each point and thereafter an agreement had been drafted | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Tribunal recorded the findings that the canteen had been working for the benefit of the workmen within the premises provided by and with the equipment supplied by the appellant; that the appellant supplies the provisions for the preparation of foodstuffs; that the appellant issues token to the employees,who on production of the same obtain foodstuffs from the canteen; that the Committee appointed by the appellant decides the menu and as per the directions and supervision of the Catering Officer,the canteen functions; that the quality and quantity of the foodstuffs is supervised by him,who functions under the Committee | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The contributions like ESI,Provident Fund,etc.had also been categorically specified to be provided by the appellant and ESI code for the permanent establishment and for the present workmen was the same; that after the evidence was tendered by the workmen the appellant got the code changed and the appellant transferred the workmen from one place to another and that the amount to be surrendered by way of unpaid salaries had to be remitted back to the management | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thus the Tribunal held that these facts clearly indicated that the appellant exercised administrative,financial and disciplinary control over the workmen in question | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Tribunal held that no other material is required to hold them to be employees of the appellant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In those circumstances,the Tribunal passed an award that these workmen should be treated as employees of the appellant and they are entitled to payment of appropriate scales and designations in terms of Ex.W12 and W14 from 1 April 1979 with all consequential and attendant benefits of arrears of pay,etc.together with counting of entire service for the purpose of terminal benefits | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Against this award,a writ petition was filed before the High Court | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court dismissed the same stating that it is covered by another matter | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is unnecessary to examine the contention whether the matter is covered by a subsequent decision or not as the facts of the present case stand on its own | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The reference had been made to the Tribunal and adjudication had been made by the Tribunal as to the status of the workmen,the nature of employment,control exercised by the appellant,which leave no room for doubt that they are the employees of the appellant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A contention is also sought to be made that it is not possible to run a canteen in the refinery area | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is contended that under the Petroleum Rules framed under the Petroleum Act,1934,there are certain hazardous areas where there cannot be a canteen as no fire,furnace,source of heat or light capable of igniting inflammable vapours shall be allowed except in the firing spaces or stills and boilers | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
However,there is no material on record to show that the canteen is located in such an area where it would be hazardous to have a fire,furnace,source of heat or light to cook food | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the absence of such material,we find no substance in this contention | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is brought to our notice that a fire had taken place on a tank on 14 September 1997 and that it was extinguished after 14 days,which severely damaged all the building including the canteen and that food and beverages being provided to its employees by making an arrangement to obtain the same from outside the premises of the appellant | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
These facts are brought to our notice by an affidavit filed on 21 November 2000.But these factors do not come in the way of the award made by the Tribunal,as it is possible to locate the canteen in an appropriate place where there is no hazard of the kind envisaged under the Petroleum Rules | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This contention is also rejected | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the circumstances aforesaid,the contention vis--vis the findings recorded by the Tribunal,we find absolutely no merit in these appeals and the same shall stand dismissed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This appeal by special leave is from the judgment and order of the High Court of Andhra Pradesh dated 15th April,1986 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On or about th of April.1948 Sail Nawaz Jung,the then ruler of Mukkalla State,South Yeman in Arabia settled some of the properties with which the appeal is concerned by a Registered Tamleeknama in favour of his son Sultan Awaz and his grandson Galib Bin Awaz | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In 1954,there was Wakfnama by the said Sail Nawaz Jung | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On or about 23rd of August,1963 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the Military Estate Officer,Secunderabad of | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Andhra Pradesh requested for the requisition of the property named as "Sail Gulshan" with a vast extent of land and palaces with roads and surrounded by a compound wail measuring 19 acres and 10 guntas situated in the heart of Hyderabad city near Sarojini Devi Hospital | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The property in question was taken possession of on or about 12th of September,1963 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In this appeal we are concerned with the claim for compensation for the said acquisition by one Abdul Khader who was a flower picker | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He had claimed rights as a tenant during the requisition | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
His claim for compensation for requisition was settled by sharing the rent in or about 1969.The appellant is one of the owners of the property in question deriving their title and right from the said Sail Nawaz Jung | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On or about 3rd February,1970 the Collector issued notice for acquisition of the property u/s.7(1) of the Requisitioning and Acquisition of Immovable Property Act,1952 being Act 30 of 1952 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
hereinafter called the Central Act).The Gazette Notification for the acquisition was issued on 12th March,1970.The controversy in this case relates to the question whether Abdul Khader was 'a protected tenant' under the Andhra Pradesh (Telangana Area | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Tenancy and Agricultural Lands Act,1950 being | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Act No.XXI of 1950 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
hereinafter called the Andhra Pradesh Act | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The purpose of the said Act as the Preamble states was,inter alia,to enable the land-holders to prevent the excessive sub-division of agricultural holdings and empower government to assume in certain circumstances the management of agricultural lands,to provide for the registration of Co-operative Farms and to make further provision for matters incidental thereto | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.2(r) states that the expression 'protected' means a person who is deemed to be a protected tenant under the provisions of the said Act | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Chapter IV of the Andhra Pradesh Act deals with protected tenants and s.34 of the said Act provides who is to be considered as a protected tenant and uses the expression that a person shall,subject to the provisions of sub-ss.(2) and (3),be deemed to be a protected tenant in respect of the land if he has fulfilled the conditions mentioned in clauses (a) and (b) of sub-s.(1) of S.34 of the said Act | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sub-s.(2) of S.34 of the said Act also deals with "to be deemed to be a protected tenant in respect of any land",for certain purposes | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.35 of the said Act deals with decision on claims and stipulates by sub-s.(1) of S.35 of the said Act that if any question arises whether any person,and if so what person,is deemed under S.34 to be a protected tenant in respect of any land,the landholder,or any person claiming to be so deemed,may,within one year from the commencement of the Act apply in the prescribed form to the Tahsildar for the decision of the question and the Tahsildar shall after enquiring into the claim or claims in the manner prescribed,declare what person is entitled to be deemed to be protected tenant or as the case may be,that no person is so entitled | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sub-s.(2) of S.35 stipulates that a declaration by the Tahsildar that the person is deemed to be a protected tenant or,in the event of an appeal from the Tahsildar's decision such declaration by the Collector on first appeal or by the Board of Revenue on second appeal,shall be conclusive that such person is a protected tenant and his rights as such shall be recorded in the Record of Right of where there is no Record of Rights in such village record as may be prescribed | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.36 of the said Act deals with the recovery of possession by protected tenant | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.37 deals with persons not entitled under s.34 to be deemed in certain circumstances as protected tenants | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.38 of the said Act deals with right of protected tenant to purchase land | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.39 deals with right of protected tenants to exchange lands | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.40 of the said Act makes rights of protected tenant heritable | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sub-s.(2) of s.40 of the said Act indicates who are the heirs who would be entitled to hold the tenancy on the death of the protected tenant and on what terms | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sub-s.(3) of s.40 of the said Act provides that if a protected tenant dies without leaving any heirs all his rights shall be so extinguished | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The explanation to sub-s.(3) of s.40 of the said Act provides who should be 'deemed to be the heirs' of a protected tenant | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Subs.(4) of s.40 stipulates that the interest of a protected tenant in the land held by him as a protected tenant shall form sixty per cent | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is necessary also to note the provisions of s.99 of the Act | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is as follows: "99.Bar of Jurisdiction:-(1 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Save as provided in this Act | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
no Civil Court shall have jurisdiction to settle,decide or deal with any question which is by or under this Act required to be settled,decided or dealt with by the Tahsildar,Tribunal or Collector or by the Board of Revenue or Government | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No order of the Tahsildar,Tribunal or Collector or of the Board of Revenue or Government made under this Act,shall be questioned in any Civil or Criminal Court | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.102 of the said Act stipulates that the Act shall not apply to certain lands and areas and provides inter alia as follows: "102.Nothing in this Act shall apply-- To lands leased,granted,alienated or acquired in favour of or by the Central Government or the State Government,a local authority or a Cooperative Society | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is relevant at this stage to refer to certain provisions of the Central Act to consider the controversy involved in this appeal.the Central Act was enacted giving power for requisitioning and acquisition of immovable property for Union purposes | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.3 of the said Act gave power to requisition immovable property | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.4 of the said Act empowers taking possession of requisitioned property | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.5 deals with rights over requisitioned property | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.6 deals with the power of release from the requisitioning | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.7 authorises the Central Government where it is of the opinion that it is necessary to do so to acquire requisitioned property | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.8 deals with 'principles and method of determining compensation either for requisitioning or acquisition of the property and,inter alia,provides for appointment of an arbitrator in certain contingencies in case there was no agreement for determining compensation | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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