Bharat Petroleum Corporation Ltd vs State Of Maharasthra & Anr on 13 August, 2010
15. The third contention of the learned Senior Counsel
appearing on behalf of the Petitioner, which has some
substance, is that if the owner of an industrial establishment
is conducting a staff canteen on his own, he is not required
to obtain a license under the said provision. Reliance,
therefore, was placed by Mr. Pakale, the learned Counsel for
Respondent No.2 on the judgment in Balkrishna Karkera
(supra). It has to be noted here that the learned Single
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(CRWP1961/2010)
Judge has made a clear distinction in the said judgment
between the caterer running a staff canteen and an
employer. In the said case, admitted position was that the
staff canteen was being run by the caterer. The Personnel
Officer of the Company was accused No.1. He was,
therefore, acquitted and the caterer was convicted.