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Hari Shankar Sharma & Ors vs M/S Artificial Limbs Manufacturing ... on 26 November, 2001 cites

Parimal Chandra Raha & Ors vs Life Insurance Corporation Of India & ... on 29 March, 1995

The observations in Parimal Chandra Rahas case relied on by the appellants which might have supported the submission of the appellants have been explained by a larger bench in Indian Petrochemicals Corporation Ltd. vs. Shramik Sena and Others (1999) 6 SCC 439 where it was held, after considering the provisions of the Factories Act and the previous decisions on the issue, that the workmen of a statutory canteen would be the workmen of the establishment only for the purpose of the Factories Act and not for all other purposes unless it was otherwise proved that the establishment exercised complete administrative control over the employees serving in the canteen.
Supreme Court of India Cites 26 - Cited by 147 - P B Sawant - Full Document

Barat Fritz Werner Ltd vs State Of Karnataka on 2 February, 2001

(See also Barat Fritz Werner Ltd. V. State of Karnatka 2001 (4) SCC 498, 504) It may be, and has been often so found, that the employees of a contractor are de facto employees of the establishment despite the existence of a written agreement between the contractor and the establishment. To this end our attention was drawn to the agreement between the contractor and the respondent No.1. From a scrutiny of the agreement, it is clear that although the respondent No.1 had agreed to provide the contractor with the basic infrastructure, the actual running of the canteen was the responsibility of the contractor alone. For example, the respondent No.1 was to give the furnishings, dining tables, chairs, curtains, water coolers etc., but the contractor was liable to indemnify the respondent No.1 for any loss or damage caused to these items due to any act of omission or commission by the contractor or his employees. The cost of repairing and maintaining all the equipment was also the contractors. It was also the contractors obligation to provide the raw-material and ensure that such raw- material was free from adulteration, contamination and was wholesome and fit for human consumption.
Supreme Court of India Cites 28 - Cited by 14 - Full Document

R.K. Panda vs Steel Authority Of India on 12 May, 1994

Directly relevant to the crux of the matter is clause 43 of the agreement whereby the contractor was given the discretion to employ the workers already working in the canteen (like the appellants) but it was made clear that the contractor could take action against the canteen workers. It is noteworthy that the respondent No. 1 had no say as to who should be employed by the contractor nor the method of recruitment to be followed by the contractor. There was no obligation on the contractor to employ the persons who had served under earlier contractors. Even if the agreement had contained a condition that the contractor must retain the old employees, it would not necessarily mean that those employees were the employees of the establishment. As was said in R.K. Panda v. Steel Authority of India Ltd. (1994) 5 SCC 304:
Supreme Court of India Cites 19 - Cited by 70 - N P Singh - Full Document
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