PEER MOIDEEN Vs. S.P.TRANSPORT

JUDGEMENT

(1.) THE petitioner is a Transport Contractor with the respondent-Food Corporation of India (FCI). By the Contract Award dated 07.09.2010, the petitioner was given a contract of loading / unloading / handling and transportation of food grains at FSD T.V.Koil as well as Railhead at Chinnababusamudram in the Union Territory of Pondicherry. The contract was for a period of two yers from 09.09.2010 to 08.09.2012.

(2.) SUBSEQUENT to the contract, the petitioner was given an order dated 08.09.2010, appointing them as Transport Contractor and the amount of security deposit to be paid was also specified in the said order. The petitioner was directed to get licence for the contract labour to be engaged by them and also to pay other social welfare benefits in respect of the workmen engaged by them.

(3.) IN the matter of loading, unloading, stacking, destacking, restacking, standardization, weighment, sweeping and leaning, the respondent-Food Corporation of India informed the petitioner by a Telegram dated 16.11.2010 that consequent on introduction of No Work No Pay system and Piece rate system for Depot Handling Labourers in the notified depots of FSD, now the Depot Labourers will carryout the work as per the MOU dated 12.11.2010 with the FCI Management and the Top Leader of Workers Union, INTUC. Thereafter, corespondences were exchanged between the contractor/petitioner and the Food Corporation of India/respondent and finally after exchange of legal notice, the petitioner came forward to stay the telegram and to quash the same and for a direction to the respondents to issue the work slips to the petitioner for the H and T operations carried out by the petitioner as per the terms of the contract till termination of the contract in W.P.No.770 of 2011.