IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE NOOTY RAMA MOHANA RAO WRIT APPEAL No. 1080 OF 2011 Between: The Works Manager, Zonal Workshop, APSRTC Cuddapah .....Appellant AND The Industrial Tribunal-cum- Labour Court, Anantapur and another .....Respondents The Court made the following : JUDGMENT: (per the Hon’ble Sri Justice Ghulam Mohammed) Aggrieved by the order dated 24.01.2011 passed by the learned Single Judge dismissing W.P. No. 4939 of 2005, the writ petitioner is in appeal. The writ petition was filed against an Award made by the Labour Court in ID No. 244 of 2000 dated 11.8.2004, whereby the reference made by the Government under Sec. 10(1)(c) of the Industrial Disputes Act, 1947 on 23.9.2000 under GO Rt. No. 1763 Labour, Employment, Training and Factories (Lab-I) Department was answered in favour of the workman directing the Management to consider the claim of the workman as per the Rules prevailing in A.P.S.R.T. Corporation and till such time to treat the workman as casual employees of the respondent for the purpose of counting the service and the workman shall be deemed to be in service from 1995. The reference made by the Government reads as under: Whether the action of the Works Manager, Zonal Work Shops, APSRTC, Cuddapah in not regularizing the services of Sri Harinadha, Asst. Cook, APSRTC, Zonal Workshop, Cuddapah even after 5 years of service is justified. The Labour Court disbelieved the plea of the Management that in the year 1998 a contractor was introduced and the workman was working under the said contractor and directed to consider the claim of the workman for regularization as per the Rules prevailing in APSRTC and till such time to treat the workman as Casual Employee of the Management for the purpose of counting the service and he shall be deemed to be in service from 1995. Aggrieved thereby, the above writ petition was filed and the learned Single Judge by the order impugned dismissed the writ petition holding that the law relating to the subject is no more res integra in view of a Division Bench decision of this court in A.P. Dairy Development Co- Operative Federation Limited Vs. Shivadas Pillay and others (1992 I LLJ 153) to the effect that once a canteen is established under Section 46 of the Factories Act, 1948, the employees in the canteen would become the employees of the occupier and, therefore, the workman is entitled for all the benefits as per law. In view of the settled position of law, we are not inclined to interfere with the order impugned. The Writ Appeal fails and is accordingly dismissed at the admission stage. No costs. _______________________ Justice Ghulam Mohammed __________________________ Justice Nooty Rama Mohana Rao December 26, 2011 MAS