IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 1515 of 2002 Between: Visakha Refinery, rep. By its General Manager, Visakhapatnam and another. ..... Appellant(s) AND B.Nageswara Rao and two others. ………..Respondent(s) THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 1515 of 2002 JUDGMENT (Per BPR,J): Heard the learned counsel appearing on either side. The appellants-Management, seek to assail the order of the learned Single Judge in allowing the writ petition filed by the respondents herein where they sought for Mandamus to treat them as its employees from inception with all the benefits incidentally thereto. The learned Single Judge by placing reliance on the judgment of the Apex Court in Civil Appeal No.670 of 1997, dated 07-12-2000 in VST Industries Limited V. VST Industries Workers’ Union and another, allowed the writ petition on the ground that they will be deemed to be the employees of the appellants-Management. However, the learned counsel for the appellants now submits that subsequently, the Apex Court has taken different view in Halda Refinery Canteen Employees’ Union and others V. Indian Oil Corporation Limited and others[1] holding that such employees of canteen working under canteen contractor could not be treated as employees of the Management and similarly, the same view was expressed in another judgment reported in Hari Shankar Sharma and others V. Artificial Limbs Manufacturing Corporation and others[2]. In view of the same, it is to be held that the respondents cannot be treated as employees of the appellants-Management and they are not entitled to any of the benefit on par with the other employees of the appellants-Management. Accordingly, the writ appeal is allowed, the order of the learned Single Judge passed in W.P.No.23966 of 1998, dated 10-06-2002 is set aside. There shall be no order as to costs. _______________________ JUSTICE B.PRAKASH RAO Date: 7th August 2009 _______________________ JUSTICE SANJAY KUMAR KVR [1] 2005 (5) S.C.C. 51 [2] 2002 (1) S.C.C.337.