By an interim order dated 22.03.1999, the Division Bench of the High Court directed the appellant Corporation to engage the respondents subject to the result of the appeal in M.A.T. No.4130/1998.
On 23.04.2004, the appeal was allowed and the impugned award dated 6.10.1997 was set aside.
There was a dispute with regard to mode of engagement of respondents in the aforesaid posts.
The respondents took part in such operational works as Analyser, Picker and Dusting Operators from 01.01.1983.
Being aggrieved, the appellant FCI preferred appeal being M.A.T. No.4130/1998.
The workmen also appear to have produced material in the form of payment sheet for the period 01.04.1991 to 16.04.1991 before the Industrial Tribunal to demonstrate that they were being paid their wages directly by the Assistant Manager D FCI.
Aggrieved by the same, the appellant filed writ petition being Writ Petition No.16519 W /98 challenging the said award dated 06.10.1997 and the same was dismissed by the single Judge of the High Court of Calcutta vide Order dated 20.11.1998.
Brief facts of the case are that the Food Corporation of India FCI awarded companytract to the Food Handling Co operative Society in the year 1982 for execution of various operational works in its depots at C.S.D. Dubguri and Siliguri.
Contention of the appellant Corporation is that in companypliance with the interim order of the High Court dated 22.03.1999, appellant Corporation had given appointment letters to the respondents which were subject to the final order of the High Court in the appeal and by final order dated 23.04.2004, the High Court allowed the appeal and quashed the award of the tribunal and companysequently the respondents were disengaged with effect from 18.05.2004.
The respondents raised an industrial dispute and the same was referred to Central Government Industrial Tribunal, Calcutta by the Government of India, Ministry of Labour on 15.09.1994.
However, respondents claimed that they were engaged directly by FCI as casual workers.
Consequent thereupon, the services of the respondents were disengaged by FCI on and from 18.05.2004.
The Central Government Industrial Tribunal at Calcutta in Reference No.31/1994 vide its award dated 06.10.1997 directed FCI to regularize the respondents in the post of Dusting Operators with effect from 09.01.1983 on the basis of doctrine of equal pay for equal work.
BANUMATHI, J. Leave granted.
This appeal has been filed by the appellant Food Corporation of India challenging the judgment and order dated 16.09.2011 of the High Court of Calcutta in F.M.A. No.1172 of 2010, in and by which, direction has been given to the appellant Corporation to companysider the claim of respondent Nos.1 to 12 for regularization of their services by treating them as casual employees appointed in an irregular manner and granting liberty to the appellant Corporation to absorb the said respondents in any available vacant posts.
Contention of the appellant Corporation is that the respondents are merely companytractual labourers and were number engaged in accordance with any of the provisions of the FCI Recruitment Rules 1971 and for the aforesaid work, companytract was given to the Labour Co operative Society of which respondents were members.
The case of the respondents was that they were working in the godown of the FCI in different capacities such as Dusting Operators, Pickers, Assistant Analysers and Analysers.
According to the FCI, the respondents worked under the above companytractor.
