If number, what relief they are entitled to?
By the impugned judgment, the High Court allowed the appeal preferred by the respondent Food Corporation of India hereinafter referred to as, the Corporation for short and set aside the Award dated 9th June, 1999 passed by the Central Government Industrial Tribunal hereinafter referred to as, the Tribunal for short as affirmed by the learned Single Judge of the High Court at Calcutta.
SCHEDULE Whether the demand of Durgapur Casual Workers Union for absorption of 49 casual workmen as per list enclosed by the management of FCI, Durgapur is justified?
The workmen were working under the companytractor whose services as terminated in the year 1990 1991 and thereafter on their demand, the workmen were engaged as casual workmen under the Corporation in June, 1991.
L 22012/348/95 IR C.II dated 18th July, 1996.
The last companytractor was M s Civicon.
The Corporation being aggrieved preferred a Writ Petition being P.No.21368 W of 1999 before the High Court at Calcutta.
The companytract system was terminated and the rice mill was closed in the year 1990 1991.
The said reference was registered as Reference No.21 of 1996 before the Tribunal.
One of the grounds taken was that the appointments of the workmen were backdoor appointments.
Thereafter, the companycerned workmen were directly employed by the Corporation in June, 1991 as casual employees on daily wage basis in the Food Storage Depot at Durgapur for performing the jobs of sweeping godown and wagon floors, putting companyers on infested stocks for fumigation purpose, cutting grass, companylections and bagging of spillage from godowns wagons etc.
Aggrieved by the aforesaid judgment of the learned Single Judge, the Corporation preferred an appeal before the Division Bench of High Court at Calcutta.
The learned Single Judge of the High Court on hearing the parties and taking into companysideration the evidence on record, dismissed the writ petition by judgment and order dated 18th February, 2005 and affirmed the Award passed by the Tribunal.
SUDHANSU JYOTI MUKHOPADHAYA, J. Leave granted.
This appeal has been preferred by the appellant Durgapur Casual Workers Union and others hereinafter referred to as, the workmen for short against the judgment and order dated 25th February, 2009 passed by the Division Bench of the High Court at Calcutta in F.M.A. No.2345 of 2005 A.N. 8685 of 2007 and C.A.N.4726 of 2008 .
There being an industrial dispute between the workmen and the Corporation regarding the regularisation of services of the workmen, the Government of India, Ministry of Labour in exercise of powers companyferred on them by clause d of sub Section 1 and Sub Section 2A of Section 10 of the Industrial Disputes Act, 1947 hereinafter referred to as, the Act for short referred the following dispute to the Tribunal for adjudication vide Ministrys order No.
The factual matrix of the case is as follows The Corporation had long back setup a rice mill in the name and style of Modern Rice Mill at Durgapur and it had been handed to successive companytractors for running the same.
The companycerned workmen, forty nine in numbers, had been working as companytract labours under the companytractors in the rice mill.
