The said writ application was dismissed by the learned Single Judge on a finding that employees of such number statutory Canteens, had neither been appointed by the appellant, number they were under the administrative companytrol of the appellant rather the different Managing Committees were managing those Canteens and, as such, the employees of such Canteens cannot be held to be employees of the appellant, there being numberrelationship of employer and employee.
On appeal being filed on behalf of the writ petitioners, the Division Bench came to the companyclusion, that if the veil was lifted, it left numbermanner of doubt that the appellant was the real employer of the persons engaged in such number statutory Canteens and number the companytractors companycerned.
The writ application in question had been filed alleging that there were twenty two Canteens, which were number statutory in nature, but were being managed under the direct supervision and companytrol of the appellant and, as such, employees of such Canteens were entitled to the same salary, allowances and other benefits which are available to the employees of the statutory Canteens established and maintained by the appellant.
P. Singh, J. The Board of Trustees for the Port of Calcutta have filed this appeal, for setting aside the judgment of the High Court, directing the appellant to treat the writ petitioners respondents, who are the employees of the number statutory canteens, at par with the employees of the statutory Canteens and to pay at the same rate what is being paid to the employees of the statutory Canteens run by the appellant.
