NARAYAN SARKAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The present writ petition is filed by the petitioner for a direction to the respondents to departmentalize the services of the petitioner in view of the minutes dated 17.5.1985 adopted by the authority of the Food Corporation of India ('the FCI') and the representatives of the Shramik Union with effect from the date on which other 15 direct payment system labourers of the said Union were departmentalized and also for back wages with effect from the date on which other 15 direct payment system labourers were departmentalized including the arrear wages for the work done by him since 7.2.1995 under the respondents.

(2.) Heard Mr. D. Chakraborty, learned counsel appearing for the petitioner and Mr. A. Nandi, learned counsel for the respondents 2 to 4 as well as Mr. P.K. Biswas, Assistant Solicitor General of the Union of India for the respondent No. 1.

(3.) The pleaded case of the petitioner, in short, is that the petitioner initially joined as a gang labour in 1971 under the respondent No. 4 on contract basis and he was posted at A.D. Nagar Godown and thereafter he was engaged as gang labour under the direct payment system since 1985 on no work no pay basis and the petitioner served in the same capacity till last part of 1987 and thereafter he left the organisation, i.e., the office of the respondent No. 4 and joined in Home Guard Organisation of the Govt. of Tripura and worked there till 7.2.1995 and thereafter he again joined under the respondent No. 4 as gang labour and worked there upto July 1995 and he became entitled to get the wages for that period, but the same was denied to him. As the respondent No. 4 did not make any payment for the said period as well as denied to departmentalize his service, the petitioner approached this court by filing the present writ petition.