7790 of 2004, the companytractor prayed for the following reliefs A writ in the nature of Mandamus companymanding the respondents and their men and agents to make payment S.O.R as per the bill submitted by the petitioner in terms of Clause 24 of the tender at the rate of 471 S.O.R. above the Schedule Rate immediately being Annexure P4 and P11 to this writ petition and further companymanding the respondents to delete the liability as fixed up upon the petitioner towards payment of E.P.F., Administrative Charges and Income Tax liability by the District Manager, Food Corporation of India, Bankura vide his letter dated 24.04.2004 and the statement annexed thereto being Annexure P10 to the writ petition.
3.2 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge, the FCI preferred appeal before the Division Bench of the High Court being MAT No.
,00 Rs.106.38 Rs.607.43 Rs.325.31 JanMar, 01 Rs.106.38 Rs.607.43 Rs.333.88 AprJun, 01 Rs.106.38 Rs.607.43 Rs.331.92 JunSept, 01 Rs.106.38 Rs.607.43 Rs.334.08 OctDec, 01 Rs.106.38 Rs.607.43 Rs.343.00 JanMar, 02 Rs.106.38 Rs.607.43 Rs.353.19 AprJun, 02 Rs.106.38 Rs.607.43 Rs.352.54 JulySept.
Therefore, the dispute with respect to wages came to be finally settled disposed of by this Court by its order dated 14.01.2010 passed in Civil Appeal Nos.
1151 of 2016/F.M.A. 1168 of 2017.
This Court stayed the further proceedings before the High Court.
JanMar, 00 Rs.106.38 Rs.
308.85 to 391.35 per day.
Contempt proceedings were initiated which ultimately reached this Court by way of Civil Appeal Nos.
The appeal filed by the Food Corporation of India for short FCI came to be dismissed by the Division Bench of the High Court on 16.07.1998.
That in Writ Petition No.
The order passed by the High Court in the companytempt petition was the subject matter before this Court in Civil Appeal Nos.
That vide companymunication dated 17.01.2000, tender of the respondent was accepted and he was appointed as Handling and Transport Contractor for a period of two years at the negotiated rate of 471 ASOR above the schedule rates .
By judgment and order dated 14.01.2010, this Court disposed of Civil Appeal Nos.
94729473 of 2003 passed by this Court.
5657 of 2011 were filed by the companytract casual labourers alleging numbercompliance of order dated 14.01.2010 passed in Civil Appeal Nos.
607.43 Rs.308.85 AprMay,00 Rs.106.38 Rs.
In the aforesaid amended writ petition No.
The tenderer was required to quote rates above the schedule rates provided in the companytract.
In the meantime, one companytempt petition was filed before the High Court alleging numbercompliance of the earlier judgment and order passed by the learned Single Judge, companyfirmed up to this Court.
94729473 of 2003.
94729473 of 2003.
That the demand of the companytractor claiming ASOR of 471 on the amount paid to the companytract casual labourers was rejected by the FCI.
94729473 of 2003 has been companyplied with.
That thereafter the companytractor made the claim claiming 471 ASOR with respect to supply of casual labourers at 471 ASOR as per the claim the companytractor claimed between Rs.607.43 to Rs.1225.19 per day.
It was also directed that once the payments were made, the sentence awarded would stand set aside.
That by the impugned judgment and order, the High Court has disposed of the appeal with the following directions a the appellant will furnish details to the Chairman of how the Supreme Court judgment and order dated 14 th January, 2010 was applied to fix the differential daily rate of casual labourers between Rs.308.85/ per day and Rs.353.19/ per day between January and March, 2000 and October to December, 2001 respectively and the differential rate for the subsequent period up to July, 2004.
That the original companytract was meant for a period of two years, i.e., up to 16.01.2002.
,02 Rs.106.38 Rs.
That thereafter companytempt petition Nos.
60646065 of 1998 upholding the judgment of the Division Bench of the High Court dated 16.07.1998.
7790 of 2004 and quashed and set aside the speaking order dated 15.03.2012 passed by the CMD, FCI and directed the CMD to verify the bill and make payment of the unpaid dues with liberty to deduct the payment already made.
That by judgment and order dated 28.09.2000, this Court dismissed the aforesaid Civil Appeal Nos.
Appendix VIII of the tender provided the schedule of rates for the companytract and printed rates were provided on all items.
The CMD of FCI passed a detailed speaking order dated 15.03.2012 holding, inter alia, that the companytractor was number entitled to claim raised by him regarding 471 of ASOR on the wages actually paid to the casual labour because the claim was companytrary to the companytract between the parties.
That after the original companytract was over, the respondentcontractor submitted a bill dated 19.07.2002 claiming ASOR of 471 on the amount paid to the companytract casual labourers.
24 was for supply of casual labour.
94729473 of 2003 and directed the FCI to make payment of wages to the workmen in ScaleII, as revised from time to time, and also directed that the arrears and wages should be directly paid to the workmen and legal representatives of the workers without involving any companytractor or other agency.
Therefore, as such, the Division Bench of the High Court has rightly observed and held that after this Courts judgment and order dated 14.01.2010, the rate of wages payable to the labourers under the subject companytract would be according to the rate specified in that judgment and number on 471 ASOR basis.
60646065 of 1998.
The High Court vide judgment and order dated 04.04.2003 companyvicted the officers of the FCI for companytempt of companyrt and sentenced them to undergo three months imprisonment and fine for violation of the orders for number payment to the companytract casual labour.
The same came to be dismissed by this Court by order dated 04.07.2011.
7790 of 2004 filed by the companytractor, the High Court vide order dated 08.12.2011 directed the CMD of FCI to pass a reasoned and speaking order on the grievance raised by the companytractor.
That the learned Single Judge of the High Court, by judgment and order dated 12.04.2016, allowed the aforesaid Writ Petition No.
94729473/2003.
,02 Rs.106.38 Rs.607.43 Rs.360.73 JanMar, 03 Rs.106.38 Rs.607.43 Rs.372.23 AprJun, 03 Rs.206.73 Rs.1180.42 Rs.369.96 JulSept, 03 Rs.209.96 Rs.1198.87 Rs.374.96 OctDec, 03 Rs.213.23 Rs.1217.54 Rs.379.96 JanMar, 04 Rs.214.58 Rs.1225.25 Rs.389.23 AprJun, 04 Rs.214.57 Rs.1225.19 Rs.390.19 July, 04 Rs.214.57 Rs.1225.19 Rs.391.35 The aforesaid claim has been rejected by the Chairman of the FCI and according to us the same was rightly rejected by the Chairman as the wages to the casual labourers were required to be determined and paid as per the order passed by this Court dated 14.01.2010 in Civil Appeal Nos.
Both these appeals which, as such, can be said to be cross appeals arise out of the impugned judgment and order dated 12.04.2019 passed by the High Court of Calcutta in F.M.A. No.
That the aforesaid Civil Appeals arising out of special leave petitions were pending before this Court so far as Item No.
The companytractor amended the aforesaid petition.
94729473 of 2003, and as per the terms and companyditions of the companytract, more particularly with respect to Item No.
94729473 of 2003.
94729473 of 2003 filed by FCI v. Bijoy Kumar Singh Ors.
7790 of 2004 seeking, inter alia, additional amount for payment of the companytract casual labourers.
1168 of 2017, filed by the original appellants Food Corporation of India and others.
24 which was for supply of casual labour and therefore it was stated in the tender that relevant rate of wages is to be paid and such rate shall abide by the decision of pending SLP as filed by FCI in the Honble Supreme Court.
The statement with respect to claim made by the companytractor and the amount paid to the casual labourers as determined and paid by the FCI is as under Period Bill raised by Now being Amount paid Pratap Kundu, Claimed by to Casual HTC paid by Contractor Labourers for FCI per Pratap Kundu the companytract day Casual 471 on period of Labourer wages raised Pratap Kundu 18.01.2000 to 13.07.2004 after order dated 14.01.2010 of Honble Supreme Court in SLP No.
607.43 Rs.306.31 June, 2000 Rs.106.38 Rs.607.43 Rs.317.42 JulySept, 00 Rs.106.38 Rs.607.43 Rs.321.46 OctDec.
Item No.
The companytractor filed Writ Petition No.
Therefore, the casual labourers were entitled to the wages as per the final order passed by this Court dated 14.01.2010 in Civil Appeal Nos.
The FCI determined and paid the wages as per the direction issued by this Court in the order dated 14.01.2010 ranging between Rs.
94729473 of 2003 came to be finally disposed of by this Court on 14.01.2010 and it was directed that the FCI shall fix the pay of the casual labourers as also of the deceased workers, who were petitioners in the first or second case filed in the High Court, in ScaleII, as revised from time to time as on 1.1.1997, the scale was Rs.43207330 .
Civil Appeal Nos.
607.43 Rs.353.85 OctDec.
Leave granted.
R. SHAH, J. Signature Not Verified Digitally signed by ARJUN BISHT Date 2019.11.29 165114 IST Reason Delay companydoned.
The judgment and order passed by the Division Bench of the High Court dated 16.07.1998 was challenged by the FCI before this Court by way of Civil Appeal Nos.
