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Showing contexts for: God forbids in Divisional Railway Manager, Eastern ... vs Satyajit Majumdar And Ors. on 28 November, 1990Matching Fragments
25. The question is, that, under these circumstances, did the employees become or were they entitled to become, in law, the Railway Employees in some sense of the term or other.
26. It has been decided in Hossain Bhai's case (equal to 1978 Supreme Court Cases, page 506) that the real employer must be found out by a consideration of all circumstances, and the ostensible employer is not necessarily the real employer for all purposes. Various tests have been laid down in that case. Following the principle of lifting the Veil for the purpose of seeking who the real employer is, I here find several elements to show that these employees were really Railway Employees rather than not. The jobs that the employees did were of direct benefit to railway passengers. The employees worked at premises devoted entirely to a core activity of the Railway Organisation. The Railways issued the necessary identity cards to these employees. The wayfarer on an ordinary train passing through Durgapur would be very surprised indeed if one of these catering employees serving food or tea to him was said to be in no way connected with the Railways. It is also true that, if, to borrow the language of the Supreme Court, the Railway Authorities choked, (which God forbid), so would all these employees. Under these circumstances, I have no doubt in agreeing with the learned Judge in the Court below that these employees were in reality Railway Employees even when the catering contract of the intermediary employer ceased.