MODERN RICE MILL FOOD CORPORATION OF INDIA CONTRACTOR WORKERS UNION Vs. ZONAL MANAGER, F.C.I. AND OTHERS

JUDGEMENT

(1.) The instant writ application is filed by the petitioner, workers Union. The petitioner union has, in the instant case, espoused the cause of 59 casual labourers who, it is alleged, have been working as casual labourers in the godown of the Food Corporation of India at Bikha. The Corporation is required to transport food grains from different railway sidings to the godown of the different districts for supply of such food grains to the statutory Ration Shop. The contractors are appointed for supplying such casual labourers after open bids are invited. The said contractors are being paid according to the bills raised by the contractors for the labour supplied by them as and when required by the corporation and based upon the indent of the corporation for the particular date and according to the rate fixed by the appropriate authority. The payments are made by the contractors to such labourers and not by the corporation.

(2.) The grievance of the petitioner union is that the said 59 casual labourers have been working continuously 6 days in a week without interruption for a long period and they are entitled to get "one days rest with pay of one day wage since all the 59 casual labourers have been working continuously for 6 days a week. "According to the petitioner, the respondent corporation are under obligation to make payment of the wages for the rest day and/or weekly off day and to see that such wages for the rest day and/or weekly off day are actually paid to the casual labours in case of their continuous engagement for 6 days in a week.

(3.) The reliefs claimed in the above writ petition, inter alia, are as under :