{"id":154888,"date":"2000-08-10T00:00:00","date_gmt":"2000-08-09T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/g-b-pant-university-of-vs-vsstate-of-uttar-pradesh-ors-on-10-august-2000"},"modified":"2016-01-26T23:09:51","modified_gmt":"2016-01-26T17:39:51","slug":"g-b-pant-university-of-vs-vsstate-of-uttar-pradesh-ors-on-10-august-2000","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/g-b-pant-university-of-vs-vsstate-of-uttar-pradesh-ors-on-10-august-2000","title":{"rendered":"G.B. Pant University Of … vs Vsstate Of Uttar Pradesh & Ors on 10 August, 2000"},"content":{"rendered":"
Supreme Court of India<\/div>\n
G.B. Pant University Of … vs Vsstate Of Uttar Pradesh & Ors on 10 August, 2000<\/div>\n
Author: Banerjee<\/div>\n
Bench: S.B. Majumdar, J., Umesh C. Banerjee, J.<\/div>\n
           PETITIONER:\nG.B.  PANT UNIVERSITY OF AGRICULTURE & TECHNOLOGY, PANTNAGAR,\n\n\tVs.\n\nRESPONDENT:\nVSState of Uttar Pradesh & Ors.\n\nDATE OF JUDGMENT:\t10\/08\/2000\n\nBENCH:\nS.B.  Majumdar, J.  & Umesh C.\tBanerjee, J.\n\n\n\n\nJUDGMENT:\n<\/pre>\n
BANERJEE, J.\n<\/p>\n
L….I……….T…….T…….T…….T…….T…….T..J
\n     Redressal\tof  grievances of the Cafeteria\t workers  in
\nGovind\t Ballabh   Pant\t University   of   Agriculture\t and
\nTechnology,  Nanital by reason of an award of the  Presiding
\nOfficer,   Labour  Court,  Haldwani,   Uttar   Pradesh\t and
\nsubsequent  confirmation thereof by the High Court  prompted
\nthe  University\t to  move this Court in Appeal\tagainst\t the
\nsame.\n<\/p>\n
     G.B.   Pant  Univerisity of Agriculture and  technology
\nestablished  under  U.P.  Agricultural University Act,\t1958
\nhappens\t to  be\t a residential University  having  about  14
\nhostels\t to  provide  accommodation to the  students  and  a
\nCafeteria  to provide food services to the residents of\t the
\nhostels\t and others.  There are about 170 employees  working
\nin  these  Cafeterias and these are the employees who  claim
\nregularisation\tof the services as regular employees of\t the
\nUniversity  which, however, stands negated by the University
\nauthority.   The records depict that by reason of refusal to
\naccept\tsuch  a claim, the disputes were referred under\t two
\nseparate  References  in terms of Section 4(k) of the  Uttar
\nPradesh\t Industrial Disputes Act in November 1991 which were
\nregistered as Reference No.141 of 1991 and 142 of 1991.\t The
\nLabour\tCourt upon acceptance of the claim of the  employees
\nin no uncertain terms found the entitlement of the employees
\nof  Cafeteria  and  declared the latter to  be\tthe  regular
\nemployees  of the University from the date of the award\t and
\nheld  entitled to receive the same salary and other benefits
\nas  the\t other\tregular employees of  the  University.\t The
\nUniversity  however, being aggrieved by the award moved\t two
\nWrit  Petitions by way of challenges to the two awards under
\nArticle\t 226 of the Constitution.  The High Court also on  a
\ndetailed  scrutiny of the Regulations and other materials on
\nrecord dismissed the Writ Petitions with an observation that
\nthe  impugned  award  of  the  Labour  Court  are  perfectly
\njustified  in the facts and circumstances of the case and do
\nnot suffer from any error of law.  It is this order which is
\nunder  challenge in this Appeal being Civil Appeal  No.13087
\nof   1996  and\t13089  of   1996  (G.B.Pant  University\t  of
\nAgriculture  and  Technology, Nainital Vs.  State  of  Uttar
\nPradesh and Others).\n<\/p>\n
     There  cannot  possibly be any doubt  that\t socialistic
\nconcept\t of  the society as laid down in Part III and IV  of
\nthe  Constitution ought to be implemented in the true spirit
\nof  the\t Constitution.\t Decisions are there of\t this  Court
\ngalore\twherein this Court on more occasions than one stated
\nthat  democratic  socialism aims to end poverty,  ignorance,
\ndisease and inequality of opportunity.\tIn D.S.Nakaras case
\n(1983  1 SCC 305) as also lately in Secretary, H.S.E.B.\t  v.
\nSuresh\t&  Ors.<\/a>\t etc.  etc.  (1999 3 SCC 601), the same\t has
\nbeen  well  pronounced and we need not dilate on that  score
\nany further.\n<\/p>\n
     Mr.   Trivedi, the learned Additional Solicitor General
\nappearing   in\tsupport\t of   the  Appeals  rather  strongly
\ncontended  that the High Court has totally misconstrued\t the
\nRegulations  framed  under  the Statute\t pertaining  to\t the
\nHostel and Cafeteria (Hostel and Cafeteria Regulations under
\nU.P.Agriculture\t University  Act, 1958) and rather  after  a
\nlongish\t narration  of the Regulations contended that it  is
\nnot  the University which has any control over the employees
\nof  the Cafeteria but the Food Committee which has  specific
\nrole  in  the  matter  of  management  and  control  of\t the
\ncafeteria  and since there exists no evidence whatsoever  on
\nrecord\tthat  the  employees working in the  cafeteria\twere
\nappointed   by\tthe  University\t in  accordance\t  with\t the
\nprovisions  contained  in  the\tAct or\tthe  statute  framed
\nthereunder,  question  of there being any master  –  servant
\nrelationship would not arise.  It is in this context also it
\nhas  been contended by Mr.  Additional Solicitor that  there
\nis no budgetary allocation provided in the University Budget
\nto  meet  the  expenses on account of the  salaries  of\t the
\nCafeteria  employees and as such, question of the  Cafeteria
\nemployees being termed to be the employees of the University
\nwould not arise.  Strong reliance was placed on the decision
\nof  this  Court\t in All India  Railway\tInstitute  Employees
\nAssociation  v.\t  Union of India ( 1990 2 SCC  549)  wherein
\nthis Court observed:\n<\/p>\n
     12.   By their very nature further the services of the
\nInstitutes\/Clubs  are availed of beyond working hours  only.
\nIt  is common knowledge that not all members of the  railway
\nstaff  avail  of them.\tOne has to be a member to do  so  by
\npaying\tfees.  The membership is also optional.\t That is why
\nmost  of the staff employed in the Institutes\/Clubs is\tpart
\ntime.\tAs has been stated by the respondents, out of  about
\n1741  employees\t engaged  in 499 Institutes  and  332  Clubs
\nnearly\thalf are part time employees.  The services rendered
\nby  the\t employees  are not of a uniform nature.   They\t are
\nengaged\t for  different\t services   with  different  service
\nconditions    according\t   to\t  the\trequirement.\t The
\nInstitutes\/Clubs   further   do\t not   engage\tin   uniform
\nactivities,  the  activities  conducted\t  by  them   varying
\ndepending  upon\t the  infrastructure   and  the\t  facilities
\navailable at the respective places.\n<\/p>\n
     13.   What\t is  more  important as\t far  as  the  issue
\ninvolved  in  this  petition  is   concerned,  is  that\t the
\nprovisions  of the Institutes\/Clubs is not mandatory.\tThey
\nare  established  as a part of the welfare measure  for\t the
\nrailway\t staff\tand  the  kind of  activities  they  conduct
\ndepend,\t among other things, on the funds available to them.
\nThe  activities have to be tailored to the budgets since  by
\ntheir very nature the funds are not only limited but keep on
\nfluctuating.   If the costs of the activities go beyond\t the
\nmeans, they have to be curtailed.  So also, while starting a
\nnew  activity,\tit  is necessary to take  into\taccount\t its
\nfinancial   implications   and\t  the\t capacity   of\t the
\nInstitute\/Club\tto  raise  the necessary  funds.   The\tonly
\nvarying\t component of the funds is the membership fee  which
\nis uncertain.\n<\/p>\n
     The  facts of the matter under consideration are rather
\na  pointer  to the material difference between the  canteens
\nrun  in\t the Railways Establishment and that of the  Railway
\nInstitute  and\tClubs.\tThis Court on a very  poignant\tnote
\nobserved  that canteen services are no longer looked upon as
\na  mere\t welfare  activity but as an  essential\t requirement
\nwhere  sizeable number of employees work, this Court went on
\nto  record  that the same however, cannot be said to  be  of
\nInstitutes and Clubs.\n<\/p>\n
     While  the Appellants contention is, as noticed above,
\nthe  Respondents contended that the under the provisions  of
\nthe  Act  and Statute, it is obligatory on the\tstudents  to
\nreside\tin hostel and avail of food services and there being
\nan obligation to provide food services to the inmates of the
\nhostel,\t the Cafeteria is maintained and the obligations  of
\nthe  University cannot be run down.  Mr.  Gupta, the learned
\nAdvocate  appearing  for  the  Respondent  No.3\t strenuously
\ncontended  that\t there\tis  per se  a  statutory  and  legal
\nobligation  and the University authorities are under a\tduty
\nto  maintain  residential accommodation, promote the  health
\nand  welfare  of  the  students, make  housing\tand  messing
\narrangement and the existence of Cafeteria together with its
\nstaff members cannot but be a part of such accommodation and
\narrangements.\tStrong reliance has also been placed on\t the
\nRegulations  for  their true purport, scope and effect.\t  We
\nfind  substance in the submission of Mr.  Gupta.  A  perusal
\nof  the\t Regulations  as  framed  under\t the  statute  (U.P.
\nAgricultural  University  Act) unmistakably depict that\t the
\ntwin  conventional tests of implicit obligation and  factors
\nof over all control and supervision by the University stands
\nsatisfied  and the legal responsibility cannot be shifted to
\nthe  students as is sought to be contended.  Reliance by Mr.
\nTrivedi\t on to the Regulations 48,49,64,65,67,68,69,78,86,92
\nand  93 though apparently may have some relevance pertaining
\nto  the\t issue, but reading the Regulations as a  whole,  it
\ncannot\tbe doubted that the same are only framed for  moral,
\npersuasive  and\t democratic  reasons so as  to\tinvolve\t the
\nstudents  and to elicit their views, suggestions and  ensure
\ntheir participation in mutual exercise of co-operation.\t We,
\nhowever,  feel\tit expedient to quote herein below a few  of
\nthe  Regulations  which\t would\t unmistakably  depict  total
\ncontrol\t of  the  University in the matter  of\trunning\t and
\nmaintenance of the Cafeteria and the same being as below:\n<\/p>\n
     54.   It shall be compulsory for each student  residing
\nin  a  hostel  to join the cafeteria of that  hostel  unless
\notherwise permitted by the Chief Warden of the hostel on the
\nrequest\t  of   the  guardian  of   the\tstudent,   and\t the
\nrecommendation\tof  the Warden of that hostel to  take\tfood
\nwith  his  guardian.  In that event the Chief  Warden  shall
\ninform\tall  concerned\tofficers  of  the  University,\t for
\nexample,  Comptroller, Dean Student Welfare, Hostel  Warden,
\netc.\n<\/p>\n
     76.   The\tComptroller of the University shall  operate
\nthe  G.B.P.U.A.\t  Food\tServices Account,  issue  cheques,
\nmaintain   the\t cash\t book\t and   classified   accounts
\n(unitwise\/head\twise)  of income and expenditure as well  as
\nstudents  ledgers  in his office like other accounts of\t the
\nUniversity.   In addition to arranging timely payment of the
\nCafeteria  bills duly authorised by the Warden and  ensuring
\nrecovery  of all Cafeteria dues from the students and  staff
\nmembers\t concerned the Comptroller shall be responsible\t for
\ngetting\t the  Cafeteria\t accounts   audited  Cent-   Percent
\nregularly.\n<\/p>\n
     80.   The accounts Clerk-Cum-Store Keeper of the hostel
\nCafeteria shall be responsible for the proper and up-to-date
\nmaintenance  of\t the  Cafeteria stores, Stores\trecords\t and
\naccount\t  books\t including  daily   menu  book,\t cash  book,
\nconsumable stock book, daily preparation and sales register,
\ncash credit and coupon transaction register, Stores day book
\n(Roznamcha)  indents,  challans, bill register, daily  sales
\nsheets,\t Cash  memo  book bill book etc.  under\t the  direct
\nsupervision,  control  and guidance of the  Hostel  Manager.
\nHis functions and duties shall be as follows:\n<\/p>\n
     ..\n<\/p>\n
     82.   The\tother  cafeteria staff\tincluding  tea\tman,
\nHead-Cook,  Bearers, etc.  shall work in accordance with the
\ninstructions  of  the Hostel Manager\/Warden.  The duties  of
\nthese  staff  members  shall be\t defined\/prescribed  by\t the
\nWarden of the Hostel.\n<\/p>\n
     88.   The\taccounts of the Wardens Office\t(bills\tand
\nvouchers) shall be taken by the Hostel Manager to the Office
\nof the Comptroller for scrutiny and checking.\n<\/p>\n
     92.   The\tentire Cafeteria staff shall work under\t the
\ndirect\t supervision  of  the\tWarden\/Asstt.\t Warden\t  in
\naccordance  with the advise of the Food Committee and  under
\nthe  administrative control of the Chief Warden.  All  cases
\nof   appointments,   termination  of   service\t and   other
\npunishments  and  promotions, rewards etc.  shall  be  dealt
\nwith by the Chief Warden in consultation with the Warden and
\nthe Food Committee.\n<\/p>\n
     93.   (i) All the appointment of Cafeteria staff  would
\nbe  made  by  the  Food Committee of  the  hostel  with\t the
\napproval of the Chief Warden.\n<\/p>\n
     (ii)  The leave, annual increments, unifrom, travelling
\nallowance  etc.\t to the Cafeteria staff shall be governed in
\naccordance  with the policies laid down by the Central\tFood
\nCommittee.\n<\/p>\n
     106.   (i) The bills\/vouchers\/imprest\/temporary advance
\nadjustment accounts and monthly food accounts duly passed by
\nthe  respective\t Food Secretary\/Chairman, Food Committee  to
\ntheir  entire satisfaction and entered in the Food Provision
\ncontrol\t Registrar shall be sent to Comptroller directly for
\nthe   scrutiny\tand   payment\/adjustment\/recovery  of\tdues
\nexpeditiously.\t The  Wardens,\tHostel\t Managers  and\t the
\nrespective  Food  Secretaries will be fully responsible\t for
\nmaking\tstock  entries of all purchases made in\t respect  of
\ntheir  Hostels.\t  The  payment\twill  be  made\tonly  if   a
\ncertificate  in\t the  following form is given  on  the\tbill
\n(rubber stamp for which could be got made for convenience).\n<\/p>\n
     Certified\tthat  the goods as per\tspecification  have
\nbeen received and entered in the stock books.\n<\/p>\n
     (ii)   The\t Warden\t shall\t have  full  financial\t and
\nadministrative\tcontrol of their Hostel Cafeteria funds\t and
\nbe  responsible for up-to-date maintenance of accounts books
\nand  submission\t of bills\/vouchers\/adjustment accounts,\t the
\npreparation  of\t monthly  food accounts\t and  submission  of
\nmonthly\t recovery  lists  accurately  within  the  time\t and
\naccording   to\tthe  procedure\t prescribed  in\t the  Hostel
\nCafeteria  Regulations.\t  The  Wardens\/Hostel  Managers\/Food
\nSecretary  concerned will be fully responsible for  checking
\nof  rates  charged  in\tthe   bills  and  payments  will  be
\nauthorised on the basis of the Certification.\n<\/p>\n
     107.   (i)\t Similarly, the preparation of vouchers\t for
\nadjustment  account of temporary advances and re-coupment of
\nthe  permanent\tadvance\t shall\tbe   done  by  the  Accounts
\nClerk-Cum-Store Keeper\/Hostel Manager which shall be checked
\nand  signed by the food Secretary, Warden expeditiously\t and
\nthe  Warden shall ensure that no cash is drawn and  retained
\nby  the\t Hostel\t Cafeteria when it is not required  for\t its
\nimmediate expenditure.\n<\/p>\n
     109.   The\t Hostel\t Cafeterias   Accounts\tClerk\tcum
\nStore-Keeper  shall be responsible to Warden\/Chief Warden on
\nthe  one  hand and on the other be also responsible  to\t the
\nComptroller for correctness of the Cafeteria accounts.\n<\/p>\n
     The  detailed analysis as above has been introduced  in
\nthis judgment so as to exhibit the control of the University
\nin  the\t matter\t of running of the  Cafeteria.\t As  noticed
\nabove,\ta  residential University having a canteen  facility
\nand  the  inmates of the hostel not being permitted to\thave
\nfood  from  outside  cannot possibly be said to\t be  a\tmere
\nwelfare service to the students.  It is a requirement of the
\nRegulations  framed under the Act and thus having  statutory
\nsanction   and\tforce\t the   issue  thus  comes  up\tfor
\nconsideration  as to whether it is a mere ancillary  benefit
\nconferred  on  to the inmates of the hostel or an  essential
\nrequirement.   The  Regulations\t pertaining  to\t the  hostel
\naccommodation  and  the supplies of food do not warrant\t any
\nother\tconclusion  than  to  treat   it  as  an   essential
\nrequirement  so\t far  as  the  inmates\tof  the\t hostel\t are
\nconcerned.   The  involvement  of the  Vice-Chancellor,\t the
\nWarden\tand  the Food Managers who admittedly all belong  to
\nthe University as employees thereof cannot negate the cry of
\nthe  labour force asking for a parity in their scale of pay.
\nRegularisation\twill  undoubtedly bring forth a parity\twith
\nthe  other employees of the University.\t The requirement  of
\nthe  number of employees also cannot be brushed aside.\tMore
\nthan 175 employees are required for the purpose of providing
\nfood to the inmates of the hostels  there are altogether 14
\nhostels\t and the inmates have to depend on to the  Cafeteria
\nfor their food service since nobody else can, as a matter of
\nfact, avoid the needs of the Cafeteria\tit is a requirement
\nof the Regulation.\n<\/p>\n
     Admittedly,   Cafeteria  employees\t  need\tsuccour\t for
\nlivelihood  would they continue to remain half fed and half
\nclad  as long as they live  is this is the society that\t we
\nfeel  proud  of:   Is  this the guarantee  provided  by\t the
\nfounding  fathers of our Constitution or is this the concept
\nof  socialism which they conceived?  None of the answers can
\npossibly  be  in the affirmative.  The situation  is  rather
\nawesome\t and  deplorable    the\t University  by\t compulsion
\ndirects\t students to be residents of hostel with a  definite
\nban  on\t having food from outside agencies  excepting  under
\nspecial\t circumstances and the provider of food, namely\t the
\nstaff  of  the\tCafeteria  ought not to\t be  treated  as  an
\nemployee  of the University  whose employees they are if we
\nmay ask and we think it would not be impertinent on our part
\nto  ask\t the same  is it the consumer of food?\tSince  when
\nthe  consumer  of food becomes the employer?  These are\t the
\nquestions  which remain unanswered:  The society shall\thave
\nto  thrive:   The  society shall have to  prosper  and\tthis
\nprosperity can only come in the event of there being a wider
\nvision\tfor  total  social  good and  benefit:\t It  is\t not
\nbestowing  any\tfavour\tto  anybody but it  is\ta  mandatory
\nobligation to see that the society thrives.  The deprivation
\nof  the weaker section we had for long but time has now come
\nto  cry halt and it is for the law courts to rise up to\t the
\noccasion  and  grant relief to a seeker of a just cause\t and
\njust grievance.\t Economic justice is not a mere legal jargon
\nbut  in\t the new millenium, it is the obligation for all  to
\nconfer\tthis  economic justice to a seeker:  Society  is  to
\nremain,\t social justice is the order and economic justice is
\nthe  rule of the day.  Narrow pedantic approach to statutory
\ndocuments  no  longer survives.\t The principle of  corporate
\njurisprudence\tis  now\t being\t imbibed  on  to  industrial
\njurisprudence  and there is a long catena of cases in regard
\nthereto\t  the law thus is not in a state of fluidity  since
\nthe  situation\tis  more  or   less  settled.\tAs   regards
\ninterpretation\twidest\tpossible amplitude shall have to  be
\noffered\t in  the  matter  of  interpretation  of   statutory
\ndocuments  under  industrial jurisprudence.   The  draconian
\nconcept\t is  no\t longer\t available.  Justice\tsocial\tand
\neconomic,  as noticed above ought to be made available\twith
\nutmost\texpedition  so that the socialistic pattern  of\t the
\nsociety\t as dreamt of by the founding fathers can thrive and
\nhave  its  foundation so that the future generation  do\t not
\nlive in the dark and cry for social and economic justice.\n<\/p>\n
     We\t  can\tin  this   context,  usefully\trecord\t the
\nobservations  of  this Court in Parimal Chandra Raha &\tOrs.
\nv.   Life Insurance Corporation of India & Ors.<\/a>(J.T.  1995 3
\nSC  288)  wherein this Court in paragraph 31 of\t the  Report
\nobserved:\n<\/p>\n
     31.   The\tfacts on record on the other hand, show\t in
\nunmistakable  terms that canteen services have been provided
\nto  the employees of the Corporation for a long time and  it
\nis  the Corporation which has been from time to time, taking
\nsteps to provide the said services.  The canteen committees,
\nthe cooperative society of the employees and the contractors
\nhave  only been acting for and on behalf of the\t Corporation
\nas  its\t agencies  to  provide\t the  said  services.\t The
\nCorporation   has  been\t taking\t  active  interest  even  in
\norganising  the\t canteen  committees.\tIt  is\tfurther\t the
\nCorporation which has been appointing the contractors to run
\nthe  canteens and entering into agreements with them for the
\npurpose.   The terms of the contract further show that\tthey
\nare  in the nature of directions to the contractor about the
\nmanner\tin  which the canteen should be run and the  canteen
\nservices  should  be  rendered to the employees.   Both\t the
\nappointment of the contractor and the tenure of the contract
\nis  as\tper the stipulations made by the Corporation in\t the
\nagreement.   Even the prices of the items served, the  place
\nwhere  they should be cooked, the hours during which and the
\nplace  where  they  should be served, are  dictated  by\t the
\nCorporation.  The Corporation has also reserved the right to
\nmodify\tthe  terms  of\tthe contract  unilaterally  and\t the
\ncontractor  has no say in the matter.  Further, the  records
\nshows  that  almost all the workers of the canteen like\t the
\nappellants have been working in the canteen continuously for
\na  long\t time  whatever\t the   mechanism  employed  by\t the
\nCorporation  to\t supervise  and control the working  of\t the
\ncanteen.   Although the supervising and managing body of the
\ncanteen\t has  changed hands from time to time,\tthe  workers
\nhave  remained\tconstant.  This is apart from the fact\tthat
\nthe  infrastructure  for  running   the\t canteen,  viz,\t the
\npremises, furniture, electricity, water etc.  is supplied by
\nthe  Corporation  to  the managing agency  for\trunning\t the
\ncanteen.   Further,  it cannot be disputed that the  canteen
\nservice\t is  essential\tfor  the efficient  working  of\t the
\nemployees  and of the offices of the Corporation.  In  fact,
\nby  controlling the hours during which the counter and floor
\nservice\t will  be  made available to the  employees  by\t the
\ncanteen,  the Corporation has also tried to avoid the  waste
\nof time which would otherwise be the result if the employees
\nhave  to go outside the offices in search of such  services.
\nThe  service  is  available  to all  the  employees  in\t the
\npremises  of  the  office   itself  and\t continuously  since
\ninception  of the Corporation, as pointed out earlier.\t The
\nemployees  of the Corporation have all along been making the
\ncomplaints  about the poor or inadequate service rendered by
\nthe  canteen  to  them,\t only to  the  Corporation  and\t the
\nCorporation  has been taking steps to remedy the defects  in
\nthe   canteen  service.\t  Further,   whenever  there  was  a
\ntemporary  breakdown  in the canteen service, on account  of
\nthe agitation or of strike by the canteen workers, it is the
\nCorporation which has been taking active interest in getting
\nthe  dispute  resolved\tand the canteen\t workers  have\talso
\nlooked\tupon  the  Corporation as their\t real  employer\t and
\njoined\tit  as a party to the industrial dispute  raised  by
\nthem.\tIn  the circumstances, we are of the view  that\t the
\ncanteen\t has  become  a\t part of the  establishment  of\t the
\nCorporation.\tThe  canteen   committees,  the\t cooperative
\nsociety\t of  the employees and the contractors engaged\tfrom
\ntime  to time are in reality the agencies of the Corporation
\nand are, only a veil between the Corporation and the canteen
\nworkers.  We have, therefore, no hesitation in coming to the
\nconclusion  that  the  canteen\tworkers\t  are  in  fact\t the
\nemployees of the Corporation.\n<\/p>\n
     The  Regulations  if  read\t on  the  lines\t as  noticed
\nhereinbefore  lead  to\tunmistakable   conclusion  that\t the
\nemployees  of  the Cafeteria cannot but be termed to be\t the
\nemployees  of the University.  It is on this score the\tHigh@@
\n\t\t\t       JJJJJJJJJJJJJJJJJJJJJJJJJJJJJ
\nCourt  in  the\tjudgment impugned observed as  below:\tThe@@
\nJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ
\nlearned\t counsel  also assailed the findings of\t the  Labour
\nCourt on the question of relationship of master and servant.
\nI  have\t perused  the  findings\t  and  in  my  opinion\tthis
\ncontention  is\talso  not  correct.  The  Labour  Court\t has
\nreferred to various documents, appointment letters, transfer
\norders\t which\tclearly\t demonstrate   the  control  of\t the
\nUniversity  over  the Cafeteria staff.\tThe  documents\thave
\nbeen  fully corroborated by oral evidence.  No evidence\t was
\nadduced\t on  behalf  of the University\tto  controvert\tthis
\ndocumentary   and  oral\t evidence.   In\t these\t facts\t and
\ncircumstances,\tit  cannot be said that the findings  suffer
\nfrom any error of law.\tThe relationship of employer and the
\nemployees  between the University and the Cafeteria staff is
\nestablished  from  the provisions contained in the Act,\t the
\nStatutes  and the Regulations framed thereunder and also  by
\nthe  documentary  and oral evidence filed before the  Labour
\nCourt.\t The  claim raised by the members of  the  Cafeteria
\nstaff  in  the\ttwo cases has rightly  been  accepted.\t The
\nimpugned  awards of the Labour Court are perfectly justified
\nin the facts and circumstances of the case and do not suffer
\nfrom my error of law.\n<\/p>\n
     In\t a faint attempt Mr.  Trivedi wanted to introduce  a
\npragmatic approach to the problem and contended that the law
\ncourts\tshould\tconsider  the matter from  different  angles
\napplying  practical  experience and factual contexts  before
\narriving  at  the solution.  It has been contended that\t the
\nfinancial implications would be rather much too heavy on the
\nUniversity  to be borne by it and unless State assistance is
\nmade  available, it would a well neigh impossibility to meet
\nthe   burden,  we  are,\t however,   unable  to\trecord\t our
\nconcurrence  thereto.\tPragmatism does not  necessarily  be
\ndeprivation  of the legitimate claims of the weaker sections
\nof the society.\t The submission, if we may say with respect,
\nis  totally  misplaced\tand  does not  warrant\tany  further
\ndiscussion  thereon.  In that view of the matter, we do\t not
\nsee  any  merit\t in  these two\tappeals.   The\tappeals\t are
\ndismissed.   All interim orders are vacated.  The University
\nis  directed to regularise the services of the employees  in
\nterms  of  the\taward  passed by the Labour  Court  by\t31st
\nAugust, 2000 so as to entitle the employees of the Cafeteria
\nto  obtain the monthly wages at par with the other employees
\nof  the\t University, as directed by the labour\tcourt.\t The
\narrears\t of salary, if there be any payable, as per the said
\ndirections,  as confirmed by the High Court, be paid to\t the
\ncanteen\t staff\tconcerned  by 12 equal\tmonthly\t instalments
\nalongwith the regularised salary.\n<\/p>\n
     The learned additional Solicitor General submitted that
\nonce  the  Cafeteria staff employees are held to  be  direct
\nemployees  of  the  University,\t  then\tthe  University,  in
\nexercise of its entrepreneurial or managerial functions, can
\nconstitute  a  separate cadre of Cafeteria  staff  employees
\nwith  suitable\thierarchy  of posts in the said\t cadre\twith
\nseparate  pay scales as would be commensurate with the other
\nperquisites and facilities available to all such staff under
\nthe  relevant regulations framed by the University.  We\t are
\nnot  concerned with this aspect of the matter in the present
\nproceedings,  as  such\twe are not  expressing\tany  opinion
\nthereon\t excepting  recording that the parties would  be  at
\nliberty\t to  take appropriate steps in accordance with\tlaw.
\nThe  appeals  are accordingly dismissed with no order as  to
\ncosts.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India G.B. Pant University Of … vs Vsstate Of Uttar Pradesh & Ors on 10 August, 2000 Author: Banerjee Bench: S.B. Majumdar, J., Umesh C. Banerjee, J. PETITIONER: G.B. PANT UNIVERSITY OF AGRICULTURE & TECHNOLOGY, PANTNAGAR, Vs. RESPONDENT: VSState of Uttar Pradesh & Ors. DATE OF JUDGMENT: 10\/08\/2000 BENCH: S.B. Majumdar, J. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-154888","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nG.B. 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