FOOD CORPORATION OF INDIA WORKERS UNION Vs. FOOD CORPORATION OF INDIA; SENIOR REGIONAL MANAGER, FOOD CORPORATION OF INDIA; DISTRICT MANAGER FOOD CORPORATION OF INDIA,

JUDGEMENT

(1.) Heard Mr. A.K. Bhowmik, learned senior counsel assisted by Mr. R. Dutta, learned counsel appearing vice Mr. A.K. Deb, learned counsel for the petitioner as well as Mr. P. Chakraborty, learned counsel appearing for the respondents-Food Corporation of India.

(2.) The petitioner herein is a recognized trade union namely, Food Corporation of India Workers Union which has been representing the interests of 37(thirty seven) workers, whose case was the subject matter of the reference made by the Government of India, Ministry of Labour, New Delhi by a notification No. L-22012/370/93-IR-(C.II) dated 27.10.1993. The said reference was made to the Industrial Tribunal, Guwahati, Assam being reference case No.10(C) of 1993. It is not disputed that the said Industrial Tribunal had adjudicated the reference and held that:

(3.) The said industrial award was published in terms of Section 17 of the Industrial Disputes Act, 1947 in the gazette of India dated 18.04.1998. It is also not disputed that the F.C.I. had paid them the benefit of the said revised rate of wages. In this case, the grievance is confined to non-payment of the consequential benefit for such revised wages, such as the amount of ex-gratia and Productivity-Linked Incentive (PLI) for the period from 01.04.1994 to 31.03.2005. According to the petitioner, the amount that has to be paid by the FCI to those workers would come to Rs. 11,81,547.82, in terms of the calculation provided in annexure-6 to the writ petition.