GIRISH CHANDRA MAHTO Vs. FCI, NEW DELHI

JUDGEMENT

(1.) IT is a dispute between the two groups of workers working in the various depots of Food Corporation of India (for short 'FCI') in Karnal District, Haryana State. They were engaged for loading, unloading, stacking, restacking and transportation of bags from those depots. Initially the workers were engaged through an agency as contract labour. Therefore, services of the workers were being regulated under the provisions of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970( for short 'the Act'). The grievance of the workers was that the Government and the FCI were not giving the benefit to them as they were not observing the specific provisions of the Act. They were all through agitating for abolition of Contract Labour System. The appellants went to Hon'ble Supreme Court of India by filing writ petition, which was allowed, vide judgment reported as FCI Workers Union v. Food Corporation of India and others, 1985 AIR(SC) 488 In that case, directions were issued to the State of Haryana to form a Committee to look into their grievance. On the basis of the report made by that Committee, Contract Labour System was abolished in 22 depots of FCI vide notification dated 29.11.1985.

(2.) AGAINST that notification, the FCI came to this Court by filing writ petition. That writ petition was dismissed. The FCI also remained unsuccessful when its Special Leave Petition was dismissed by Hon'ble Supreme Court on 24.10.1990. Thus, it has come on record that notification dated 29.11.1985 had become final. When the FCI lost its case before the Hon'ble Supreme Court, in a clever manner, it entered into an agreement with FCI Workers' Union. It is necessary to mention here that the labourers, working at various depots at Karnal, are divided into two labour unions. As per agreement, it was agreed that the contract labour would be departmentalized with effect from 01.01.1991. The said action was opposed by the appellants stating that as contract labour was prohibited in the year 1985 and it should be departmentalized with effect from the date of notification i.e. 29.11.1985.

(3.) WHEN the demand of the contract labour was not accepted, they went on agitation and under pressure, a Committee headed by Mr. A.S. Dalela was constituted. The said Committee recommended the appellants for departmentalization of their services. Another committee was constituted, headed by Mr. S.K. Chopra, as per the directions issued by a civil Court on 28.10.1991. The Committee was to identify and to prepare and recommend departmentalization as per seniority list to be prepared. The said Committee invited applications on specified form from all persons, who were eligible for departmentalization on or before 01.01.1991. Thereafter, the Committee submitted its report on 26.04.1993 and the list prepared by the Committee headed by A.S. Dalela was altered by taking note of entry in service of the workers, who put their claim before the Committee headed by Mr. S.K. Chopra.