Is It Mandatory for Employers to Provide Food in Factory Canteens?

In the case of the Factories Act, if the number of employees is more than 250, then a canteen has to be set up by the employer. However, is it mandatory for the employer to provide food/snacks/tea to the employees in that canteen? Can an employee raise an industrial dispute to initiate such a provision in the factory?

It is not specified in the Factory's Act which type of food should be served, but it is presumed that the canteen owner will provide meals, tea, and breakfast at a reasonable rate decided by the union and management. Instead of making it a disputable subject, tell your canteen contractor to provide as per the workers' demand; after all, it will increase his business and earnings. I have worked with more than five large-scale companies, and everywhere I have found canteen contractors providing all things, even soft drinks.

Some issues we shouldn't find in laws; these are adjustable issues, and as HR, we shouldn't let workers make them disputable issues.

Regards,
Arun J.

Before stating that the Factories Act does not specify about foodstuffs in the canteen, please refer to Section 46(2)(c) of the Factories Act and the relevant state rules.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

Importance of Having Labor Acts

Ideally, an HRD professional should have at least one copy of all the relevant labor acts. You should consider purchasing a book on the Factories Act or downloading it from the central labor department's website or CLR, etc.

Regards,
Varghese Mathew

Dear Prashan, Sh. Varghese Mathew has rightly pointed out to Sh. Arun that one should go through the Factory Act, 1948, or any legislation before replying to a query. Section 46 of the Act clearly provides complete information on the canteen. The state government has been empowered to frame its own rules for governing the canteen. I agree with Sh. Mathew that you should have your own source for downloading the books. The Factory Act is the bulkiest book unlike others for attachment to 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.

Regards,
BS Kalsi
Member since Aug 2011

I agree with you, but the copy I have does not mention which type of food should be provided in a canteen. It is requested that both of you kindly attach the Act copy or the particular section. Meanwhile, I will buy the latest copy of the Factories Act.

Regards,
Arun J.

Please don't attach the full Act; you can attach the particular section page where it is written that the following types of food an employer can provide in the canteen. Your satisfactory reply is needed. If everyone started telling others to buy a book and find their answer, then what is the use of the forum? You should solve the query. If it is written in the Act, why are you not attaching the same?

Regards,
Arun J

Let me further clarify that under Section 46(2) of the Factories Act, 1948, the state government has been empowered to make rules concerning:

(i) the foodstuffs to be served in the canteen and the amount to be charged thereof, and
(ii) the constitution of the managing committee of the canteen consisting of workers' representatives.

The Act has not specified an itemized 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. This committee shall be consulted from time to time regarding:

(a) the quality and quantity of foodstuffs to be served in the canteen,
(b) the arrangement of menus,
(c) the meal times in the canteen, and
(d) any other matters as directed by the Committee.

Similarly, you should review the State Rules framed under the Factories Act, 1948.

Regards,
BS Kalsi
Member since Aug 2011

Let me further clarify that under Section 46(2) of the Factories Act, 1948, the state government has been empowered to make rules concerning:

(i) the foodstuffs to be served in the canteen and the amount to be charged thereof, and

(ii) the constitution of the managing committee of the canteen consisting of workers' representatives.

The Act has not specified 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 regarding:

(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 directed by the Committee.

Similarly, you need to check the State Rules framed under the Factories Act, 1948.

Regards,
BS Kalsi
Member since Aug 2011

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: the Act has not specified which type of food the employer should serve in the canteen.

Arun J.

Canteen Requirements Under the Factories Act

It is still 250 workers for the canteen. 200 is proposed in the amendment to the Factories Act under consideration by the Government of India.

Regards,
Varghese Mathew

The canteen is meant for the supply of food items such as tea, coffee, milk, etc., as per the needs of employees. Without serving food items, how can the canteen function? There will be a canteen committee consisting of members who will discuss and decide on the food items to be served in the canteen. They will also address any disputes that arise in the canteen.

The majority of Central Labour Laws and Central Rules framed by the Central Government are already available on the website of the Ministry of Labour & Employment. However, there may be some cases where the Government has not updated recently amended provisions on the website. It is unfortunate that Legal Experts/Professionals in the respective fields are advised to produce copies/extracts of the Acts/Rules they refer to in their replies.

Similarly, the Rules framed under a particular Central Government by the State/Union Territories Governments must also be available on the websites of the Labour Departments of the respective States/UTs.

In my opinion, HR professionals should also utilize the above channels to keep themselves updated regarding the provisions of Acts/Rules/Regulations in the field of labour laws.

However, I am enclosing a copy of The Factories Act downloaded from the website of the Ministry of Labour & Employment.

Thank you.

Mr. Varghese, Mr. Mehta has attached the amended act copy. Kindly go through it.

Arun J.

When anyone is granted a factory license for 250 workers, the liability of a canteen is compulsory. The decision on what to serve and what not to serve will be made by forming a canteen committee.

Thanks & Regards,
Sumit Kumar Saxena

As per the Factories Act in Gujarat, when is it mandatory to have a canteen, doctor, and ambulance on site?