TMI Blog1988 (8) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... (1)80/D (JCM) dated the 25th July, 1981 sanction was accorded by the President of India to treat all employees of canteens established in Defence Industrial Installations under Section 46 of the Act as Government employees with immediate effect. By an amendment, the said Government Order was given effect from 22.10.1980. The Government Order further provided that it would be applicable to all employees of the statutory canteens irrespective of the type and management of the canteens and till the Government decided otherwise the employees of the said canteens would continue to be governed by the terms and conditions of service laid down in their appointment letters and contracts of employment already subsisting. It was further stated that they would be continued to be paid such emoluments to which they were entitled then. When some of the employees retired after 22.10.1980 they applied for payment of pension. The Defence Department declined to treat the period of service rendered by them prior to 22.10.1980 in such canteens as part of qualifying service for purposes of pension on the ground that it was only with effect from 22.10.1980 from which date they had become Government emplo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter it has been decided that in order to reduce the cost of meals and snacks served by the canteen to the personnel of the Defence Industrial Installation registered as factories and subject to the conditions indicated in the succeeding paras, the cost of supervisory and clerical staff and cooks, bearers, helpers, vendors etc. employed in these canteen should be reimbursed by the Govt. to the Managing Committee of such canteens.... The Commandants of the installation will simultaneously ensure that the cost of the meals/snacks provided by these canteens is reduced proportionate to the subsidy received from Govt. for the cost of the staff.... In order to ensure that uniform standards for employment of staff and payment of salaries as far as possible and the subsidy paid by the Government is related to total number of personnel served by the canteens the number and grades of supervisory clerical and working staff and the scales of pay that should be allowed to them are given in Appendix 'A' to this office Memorandum for the guidance of the installation Commanders and the Managing Committee. These scales of staff and salaries are the maximum outer limits within which the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Government and the factories run by other private companies, organisations, persons etc. It was enacted for the purpose of improving the conditions of the workers in the factories. Section 46 of the Act reads thus: 46. Canteens.-(1) The State Government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers. (2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a) the date by which such canteen shall be provided; (b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen; (c) the foodstuffs to be served therein and the charges which may be made thereof; (d) the Constitution of a managing committee for the canteen and representation of the workers in the management of the canteen; (dd) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuff and which shall be borne by the employer; (e) the delegation to the Chief Inspector, subject to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Rule 66 of the Rules to manage the affairs of the canteen. The functions of the Canteen Management Committee are merely advisory. It is appointed by the Manager appointed under Section 7 of the Act and the Manager is required to consult the Canteen Managing Committee from time to time as to the quality and quantity of foodstuff served in the canteen, the arrangement of the menus, times of meals in the canteen etc. The food, drink and other items served in the canteen are required to be sold on 'no profit' basis and the prices charged are subject to the approval of the Managing Committee. The accounts pertaining to a canteen in a Government factory may be audited by its departmental Accounts Officers. 6. The building for the canteen has to be provided by the occupier. Under Sub-rule (13) of Rule 68 of the Rules there shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained. Thus the basic requirements of the canteen, such as buildings, utensils, crockery, cutlery, fu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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