Harsh Kumar Mehta
Consultant In Labour Laws/hr
Sumitk.saxena
Service/manager-hr
Arunmjadhav
Assistant Manager-hrd
9871103011
Private Consultant On Labour Laws
+3 Others

Thread Started by #Prashant B Ingawale

Dear Seniors,
In case of Factories Act if the number of employees are more than 250 then Canteen has to be set up by the employer.
But in that canteen is it mandatory for the employer to provide Food / Snacks / Tea to the employer? Can the employee raise industrial dispute to start such thing in Factory?
12th July 2014 From India, Pune
Hi Prashant,
It is not specified in the factory's act that which type of food they should serve but it is presumed that canteen owner will provide Meal, Tea & Breakfast at reasonable rate decided by union & management.
Instead of making it disputable subject tell your canteen contractor to provide as per workers demand after all it will increase his business & earnings.
I have worked with more that 5 large scale company's and everywhere I have found canteen contractors are providing all things even soft drinks also.
Some issues we shouldn't find in laws these are the adjustable issues & as a HR we shouldn't let workers to make it disputable issue.
Arun J.
12th July 2014 From India, Hyderabad
Mr Arjun. Before saying that the Factories Act do not specify about food stuffs in canteen read Sec 46(2)(c) of the FA Act and the state rules under it. Varghese Mathew 09961266966
13th July 2014 From India, Thiruvananthapuram
Mr.Varghese, Can you please attach factory’s act file so that I can save a copy of that. Arun J.
13th July 2014 From India, Hyderabad
Ideally a HRD person should have at least one copy of all the bare Acts on labour.You should buy a book on Factories Act or download it from site.of central labor dept or CLR etc Varghese Mathew
13th July 2014 From India, Thiruvananthapuram
Dear Prashan,
Sh Varghese Mathew has rightly pointed out to Sh Arun that that one should go through the Factory Act,1948 or any legislation before replying a query.Section 46 of Act clearly provides complete information on canteen. The state govt has been empowered to frame their own rules for governing the canteen.I agreed with Sh Mathew that you should have your own source of getting the books download for you.The Factory Act is the bulkiest book unlike other for attachment of this thread An employee can raise an industrial dispute if an employer does not provide Food / Snacks / Tea etc to the employees provided the dispute is espoused by a union.
BS Kalsi
Member since Aug 2011
15th July 2014 From India, Mumbai
Mr. Kalsi & Mr.Varghese,
I agree with you but the copy which I have does not mentioned which type of food you should provide in a canteen.
It is requested to both of you kindly attach the Act copy or the particular Sec.
Meanwhile I will buy a latest copy of factory's act.
Arun J.
15th July 2014 From India, Hyderabad
You should buy a book on Factories Act with rules of the state where you are working.If not available in local book stalls ,contact the local Factories Inspector. Varghese Mathew
15th July 2014 From India, Thiruvananthapuram
Mr. Varghese Yes I will buy book but can you please attach the Sec copy of the same. you can attach scan copy of the page also. Arun J.
15th July 2014 From India, Hyderabad
Please dont attach full Act you can attach particular Section page where it is written that following types of food an employer can provide in the canteen.
your satisfactory reply is needed,
If every one started to tell everyone to buy a book & find your answer then what is the use of forum. you should solve the query, If it is written in the act then why you are not attaching the same?
Arun J
15th July 2014 From India, Hyderabad
Dear Mr Arjun,
Let me further make it clear that under Section 46 (2) of the Factories Act,1948 the state govt has been empowered to make rules concerning (i) the FOODSTUFFS to be served in the canteen and amount to be charged thereof and (ii) constitution of managing committee of the canteen consisting of worker's representatives.The Act has not fixed any item-wise list of the foodstuffs to be served in the canteen.For example the State of Haryana under their Rule 76 has provisions that the manager shall appoint a Canteen Managing Committee which shall be consulted from time to time as to
(a) the quality and quantity of foodstuffs to be served in the canteen
(b) the arrangements of the menus
(c) times of meals in the canteen and
(d) any other matter as may be directed by the Committee.
Similarly you need to check State Rules framed under the Factories Act,1948.
BS Kalsi
Member since Aug 2011
15th July 2014 From India, Mumbai
Now you are correct the same thing I am telling to prashant,
Mr. Kalsi, read my reply once again I am also saying the same thing as you have written Act has not specified which type of food employer should serve in the canteen.
Arun J.
15th July 2014 From India, Hyderabad
It is still 250 workers for canteen.200 is proposed in the amendment to Factories Act under consideration of GOI. Varghese mathew
15th July 2014 From India, Thiruvananthapuram
The Canteen is meant for the supply of food stuffs, tea, coffee, milk etc. as per need of employees.
Without serving food items, how the canteen can be.
There will be canteen committee. The committee members will discuss and arrive for decision of food stuffs serving in the canteen.
They will also resolve all matters of dispute in the canteen.
16th July 2014 From India, Hyderabad
Sir(s),
1. Majority of Central Labour Laws and Central Rules framed therein by the Central Government are already available on the website of the Ministry of Labour & Employment. (There may be some cases, where the Govt. may have not up-dated recently amended provisions of the same on website) It is very unfortunate that the Legal Experts/Professionals in the respective fields are advised to produce the copies/extracts of the Acts/Rules they refer in their replies.
2. Similarly, the Rules framed under a particular Central Govt. by the State/ Union Territories Govts. must also be available on the websites of the Labour Departments of the respective States/UTs.
3. In my opinion, HR professionals should also utilize above channels to keep themselves up-dated so far the provisions of Acts/Rules/Regulations in the field of labour laws are concerned.
4. However, I am enclosing herewith a copy of the The Factories Act as downloaded from the website of the Ministry of Labour & Employment.
16th July 2014 From India, Noida

Attached Files
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File Type: pdf The Factories Act, 1948.pdf (179.3 KB, 596 views)

Mr. Varghese, Mr. Mehta has attached amended act copy kindly go through it. Arun J.
16th July 2014 From India, Hyderabad
Dear Prashant,
Greetings for the day,
When anyone granted factory license for 250 workers liability of canteen is compulsory, and what to serve what not it will be decided by forming canteen committee.
Thanks & Regards,
From,
Sumit Kumar Saxena
17th July 2014 From India, Ghaziabad
As per factories act Gujarat - when mandatory canteen/doctor/ambulance
29th December 2017 From India, Vadodara
As per the Act, the break time mentioned as 0.5 hrs ( the break should be given with in 5 hrs, it should not exceed )
whether Coffee / Tea break is inclusive / not
25th April 2019 From United Kingdom
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