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New Delhi, May 3 (PTI): The Supreme Court has ruled that even if the management of an organisation exercises control over the type of workers to be engaged in its canteen run by a contractor, they do not become its employees.
The court gave the ruling while dismissing an appeal filed by the Haldia Refinery Canteen Employees? Union challenging a Calcutta High Court judgment.
The apex court had held in its earlier judgments that workers of a canteen attached to an office would be treated as its employees if the management exercised control over their selection and the payment of their salaries despite they being engaged by a contractor.
The management of Haldia Refinery, belonging to Indian Oil, had stipulated in its agreement with the canteen contractor that it would not employ such workers whom the management did not find suitable for the job. It had also reserved its right to interview the persons to test their skills before being employed.
The canteen workers? union had pleaded that the contract was only a veil and that they were effectively under the control of the management of the Haldia Refinery and, therefore, entitled to employment.
The court said the management exercised effective control over the contractor on certain matters regarding running the canteen but such control was being exercised so that the canteen was run efficiently and provided wholesome and healthy food.
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