CHHATTISGARH GADIWAN HAMAL REZA MAZDOOR MAHASANGH A REGISTERED TRADE UNION Vs. FOOD CORPORATION OF INDIA THROUGH ITS GENERAL MANAGER (REGION)

JUDGEMENT

(1.) Heard.

(2.) The present petition is against the order dated 26.10.2018 whereby the petitioner Trade Union named & styled as Chhattisgarh Gadiwan Hamal Reza Mazdoor Mahasangh, has been blacklisted.

(3.) Facts of this case are that the petitioner, which is a registered trade union was given a contract by the Food Corporation of India (FCI) for a period of 01.10.2010 to 30.09.2012 to handle the goods for transportation at Mahasamund. The FCI used to store the food grains procured by it in the godown of civil supplies of State Warehousing Corporation (for short the SWC). For movement of good grains from FCI godown for the warehouse corporation godown, the petitioner trade union through its labourers was carrying out the transportation and handling in the said godowns. The SWC, which was owning the godown had also engaged separate transporter namely M/s Chawla Road Carriers for handling the transportation of food grains stored by FCI during the aforesaid period. It was stated that the petitioner union in conspiracy with the said transporter engaged by the SWC prepared different forged bills and had managed to get the money from FCI, which in turn caused financial loss to them. The matter when was reported, investigation was carried out by the Central Bureau of Investigation (CBI) and after detail investigation charge-sheet was filed against one Narayan Lal Chandrakar, who was alleged to have been engaged by the petitioner trade union to handle the work of account and billing. Subsequently show-cause notice was served to the petitioner on the basis of a confidential report issued by the CBI dated 16.12.2017 suggesting that why they should not be blacklisted. During such enquiry document which was the basis for issuance of show-cause notice was asked for by the petitioner union. Despite the requisition, the said document was not supplied on the ground that it was a confidential one and eventually the impugned order was passed.