According to the Agreement, the KPT was responsible for the operation and maintenance of the machines with a view to obtain the best possible performance therefrom and for the said purpose, KPT shall ensure adequate staff at various stages of operation and maintenance.
The reference was allowed and Respondent No.1 was directed to give an option to the 15 persons whose names were mentioned in the award as per Para 3 of the Circular dated 01.05.1976 and fix their pay and increments accordingly.
In exercise of the powers companyferred by Section 12A of the FCI Act, 1964, the Central Government transferred 15 employees to the FCI w.e.f.
01.01.1973.
01.01.1973.
is justified?
The said workmen were held to be entitled to exercise option under Section 12A 4 of the FCI Act, 1964 on their transfer to the FCI w.e.f.
The companyrectness of the judgment of the Division Bench is challenged by the Appellant by way of filing the above Appeals.
On the basis of the above findings, the Tribunal was of the opinion that there was substance in the demand made by the Appellant Union.
01.01.1973.
The Division Bench of the High Court highlighted the latches on the part of the Appellant Union in filing the Special Civil Application in the year 1996 for a relief that they were claiming from 1973.
The application was allowed by a learned Single Judge and a direction was issued to the FCI, Respondent No.1 herein to issue an appropriate order clarifying that all the 321 employees who were working in the Vacuvator Division of the KPT should be treated to have been transferred under Section 12A of the Food Corporation of India Act, 1964 the FCI Act, 1964 for short w.e.f.
The Appellant Union averred in the Special Civil Application that all the employees were similarly situated and the restriction of the benefit of transfer w.e.f.
01.01.1973 by an order dated 09.05.1996.
01.01.1973.
01.01.1973 and were governed by the FCI Regulations.
However, the Division Bench directed Respondent No.1 to make payment of gratuity for the service rendered by the work charge employees prior to 1973, while they were employed with the KPT.
Aggrieved by the benefit number being extended to the remaining 306 employees of the KPT who were transferred to FCI, the Appellant Union filed Special Civil Application No.6891 of 1996 in the High Court of Gujarat.
01.01.1973.
The order dated 09.05.1996 was passed by the Government of India granting the relief of transfer of the 15 employees to the FCI w.e.f.
Only permanent employees of the KPT were granted benefit of transfer w.e.f.
01.01.1973 only to 15 employees and number the remaining 306 employees.
The unilateral action on the part of the FCI in shifting them from GPF to CPF was found fault with by the Tribunal.
The award of the Industrial Tribunal dated 18.05.1987 was interpreted by the learned Single Judge as companyering all the 321 employees.
On such basis, the learned Single Judge directed Respondent No.1 to issue an appropriate order clarifying that all the 321 employees shall be deemed to have been transferred to the FCI under Section 12A of the FCI Act w.e.f.
Admittedly, the work charge employees were governed by the GPF scheme prior to their joining the FCI and they were switched over to the CPF scheme, which was held to be arbitrary by the Tribunal.
01.01.1973 only to 15 employees resulted in hostile discrimination.
01.01.1973 in the FCIs scale of pay.
It was companytended by the Appellant Union in the said application that there were two terms of reference which were answered in favour of the employees.
01.01.1973 and they would be governed by the service companyditions in respect of leave, probation, disciplinary action, etc.,
It was further agreed that the Government shall, on companyclusion of the Agreement, take over the staff engaged by the KPT.
The terms of reference are as follows Whether the action of the management of FCT, Adipur in number extending the Option to elect revised pay scales to 15 workmen of Vacuvator Division Switched over from Kandla port Trust to FCT, Adipur with effect from 1.1.1973 or from the subsequent date after drawing increments etc.,
In a reference made by the Government of India under Section 10 2 of the Industrial Disputes Act, 1947, the Central Government Industrial Tribunal directed seniority to the employees of the FCI in the Vacuvator Division from the dates of their initial appointment in KPT.
The application was allowed by a learned Single Judge, in which it was held that the benefit granted to the 15 employees should be extended to all the other employees who were taken over by the FCI on 01.01.1973.
An order was passed by the FCI on 18.09.1973 taking over the staff of the Vacuvator Division of the KPT w.e.f.
However, the operative portion of the award pertains only to the grant of the relief that was claimed by the 15 workmen.
01.01.1973.
The Office Order dated 18.09.1973, which was issued pursuant to an agreement, provided that the employees taken over by Respondent No.1 shall be governed by the FCI CPF Regulations.
In the meanwhile, an industrial dispute was raised which was referred to the Industrial Tribunal.
The judgment of the learned Single Judge was set aside and it was held by the Division Bench, by order dated 09.05.1996, that 306 members of the Appellant Union were number entitled to the benefits granted to 15 employees.
An agreement was entered into between the Government of India and the Trustees of the Port of Kandla KPT on 08.04.1965 by which the KPT accepted to act as an agent of the Government for the purpose of assembly, operation and maintenance of wheat discharging machines on behalf of the Government of India in companynection with discharge of food grains from tankers vessels arriving at Kandla as and when required by the Government of India.
All the employees who worked in the Vacuvator Division of KPT joined and companytinued to work in the FCI.
The Appellant Union filed Special Civil Application No.6891 of 1996 questioning the grant of transfer to the FCI w.e.f.
Though the operative portion was companyfined to 15 employees, the Industrial Tribunal directed that all the employees who worked in the Vacuvator Division shall be entitled to exercise option under Section 12A 4 of the FCI Act.
according to the Regulations.
The employees who were taken over would be governed by the Food Corporation of India CPF Regulations.
Respondent No.1 appealed to the Division Bench of the High Court.
By the said order, the regular employees of KPT were taken over as companyfirmed in the appropriate posts and they would be governed by the service companyditions prescribed in the FCI Staff Regulations, 1971 the Regulations for short .
Respondent No.1 was unsuccessful in the challenge made to the award before the learned Single Judge of the High Court.
The Division Bench allowed the Appeal filed by Respondent No.1 by holding that the transfer of employees who worked in the Vacuvator Division of the KPT should be done by the Central Government.
01.01.1973 and were also given the benefits of leave, probation, disciplinary action, etc.
This was in companypliance with the direction issued by the Industrial Tribunal by its award dated 05.08.1991.
No grievance was raised by them till the year 1996 when the benefit of the award dated 05.08.1991 of the Industrial Tribunal was granted to the regular employees.
Whether the action of the management of Food Corporation of India Adipur in number regularizing the CPF GRP subscription and companytribution from 1965 to March, 1973 in respect of the workmen switched over from Kandla Port Trust to Food Corporation of India, Adipur from CPF to CPP scheme is justified if number, to what relief the companycerned workmen are entitled and from which date?
The employees were made eligible to the pay as fixed and indicated in the Annexure to the said order w.e.f.
If number, to what relief these workmen are entitled to and from what date?
NAGESWARA RAO, J. By an order dated 09.05.1996, the Central Government transferred 15 employees who were working in the Vacuvator Division of the Kandla Port Trust for short, KPT to the Food Corporation of India for short, FCI with effect from 01.01.1973.
