FOOD CORPORATION OF INDIA, THROUGH ITS DISTRICT MANAGER FAIZABAD, CIVIL LINES FAIZABAD Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, KANPUR AND OTHERS

JUDGEMENT

(1.) HEARD Shri Alok Mathur learned Counsel for the petitioner and Shri Sharad Kumar Srivastava learned Counsel for the respondent No. 3.

(2.) THE brief facts of the case are that respondent No. 3 was appointed and joined as Watchmen in Central Storage Depot, Government of India on 12.12.1960 at Kanpur. Later on he was promoted on the post of dusting operator in the year 1972. On coming in to force of Food Corporation of India Act, the services of respondent No. 3 was transferred to Food Corporation of India in accordance to Section 21 of the Food Corporation of India Act. Respondent No. 3 was required to give option as to whether pension and provident fund as applicable in Central Government employees shall apply in his case or he shall adopt the service benefits of Food Corporation of India. According to petitioner, respondent No. 3 had not given any option. However, learned Counsel for the respondent No. 3 submitted that in pursuance to circular dated 11.1.1977, respondent No. 3 had given an option on 29.6.1977, which was duly forwarded by Assistant Manager, (D) Food Corporation of India, Faizabad to its office at Lucknow. It appears that in spite of sending of option by respondent No. 3, when no action was taken by the petitioner and decision was not communicated, another option was given by respondent No. 3 on 21.9.1979, which was duly forwarded by Additional District Manager Shri P. K. Keshwani to Lucknow Office of petitioner. During the pendency of present controversy, respondent No. 3 was retired from service on 31.1.1995.

(3.) THEREAFTER , Labour Court had again proceeded to held that an employee can not deprive from the benefit which was available in accordance to statutory provisions and for the negligence on the part of officers of the petitioner workmen should not be suffered, to quote: -