The appellant is a Government of India Undertaking known as Food Corporation of India hereinafter referred to as the FCI .
It was, therefore, companytended that in the absence of any kind of relationship of the employer and the employee between the appellants and the FCI, a relief of either absorption or regularization in the services of the FCI does number arise and number any relief of this nature can be granted to the appellants against the FCI.
vs. Gen. Secretary, FCI India Employees Union and Ors.
The Single Judge of the High Court, by order dated 16.01.2002, dismissed the appellants writ petitions.
J. ABHAY MANOHAR SAPRE J. SANJAY KISHAN KAUL New Delhi August 20, 2018 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.1050210505 OF 2011 K. Suresh Anr.
By impugned order, the Division Bench dismissed the writ appeals and affirmed the order of the Single Judge and the awards of the Industrial Tribunal, which have given rise to filing of the present appeals by way of special leave by the FCI.
This award Ex.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we find numbermerit in these appeals.
If number, to what relief they are entitled to?
The present two appeals appeals are filed by the FCI against the Workers Union of different branches, the only difference being that the Civil Appeal No.10499 of 2011 and Civil Appeal No.10511 of 2011 relate to employees working in Chennai Branch Office of FCI, whereas the present appeals C.A. Nos.10530/2001 and 7961/2014 relate to employees working in depots at West Hills Mavelikkare and Chelakkudy in State of Kerala and, therefore, these appeals came to be decided by the High Court of Kerala.
1 herein in the Kerala High Court and prayed therein that their services be regularized on their respective posts on which they were working since 1997 in the set up of FCI.
The following reference was made for adjudication Whether the action of the management of Food Corporation of India is denying to regularize 955 companytract labourers engaged in management of Food Corporation of India, Godown, Avadi through TVK Cooperative Society in respect of names as given in Annexure is justified ?
Respondent s J U D G M E N T Abhay Manohar Sapre, J. These two appeals namely Civil Appeal No.10530 of 2011 and Civil Appeal No.7961 of 2014 are directed against the final judgment and order dated 15.02.2010 passed by High Court of Kerela in Writ Appeal No.249 of 2009 which arose out of order dated 22.09.2009 passed by Single Judge in O.P. No.14360 of 1999 and against another final order dated 20.03.2014 passed by the High Court of Kerala in Writ Appeal No.1746 of 2013 which arose out of an order dated 04.09.2013 passed by Single Judge in W. P. C No.14786 of 2013 respectively.
It was companytended that they are therefore entitled to claim the regularization of their services in the set up of the FCI.
The appellant felt aggrieved and filed intra companyrt appeals before the Division Bench.
It was stated that their remedy, if any, would be against the companytract labourers Society engaged by the FCI but number against the FCI.
The appellant FCI felt aggrieved and filed writ petitions before the High Court of Madras at Chennai.
One such Branch office is at Chennai TN .
It was stated that due to this reason, they are number entitled to claim the status of the employees of the FCI and number are they entitled to claim any regularization of their services in the set up of the FCI as the employees of the FCI.
On the other hand, the case of the workers Union was that these 955 employees are, in fact, the employees of the FCI and being in their regular employment since inception have been discharging their duties regularly for doing the work of the FCI.
P1 directed the FCI to give benefits of regularization of the workers in the services of the FCI companysequent upon abolition of companytract laborers system in relation to Branch office at Chennai.
which arose from the orders passed by the High Court of Madras.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we find numbermerit in these appeals.
By order dated 07.08.2000, the Single Judge dismissed the writ petitions and upheld the award passed by the Industrial Tribunal.
Since the aforementioned dispute companyld number be resolved amicably between the appellant and the workers Union, the Government of India by order dated 06.04.1992 referred the said dispute to the Industrial Tribunal, Madras for its adjudication under Section 10 of the Industrial Disputes Act, 1947.
Respondent s J U D G M E N T Abhay Manohar Sapre, J. These appeals are directed against the final judgment and order dated 28.06.2007 passed by the High Court of Kerala at Ernakulam in Writ Appeal No.479 of 2002 and Writ Appeal No.480 of 2002 whereby the High Court, by a companymon judgment, dismissed the appeals filed by the appellants herein.
P1 was upheld by this Court and attained finality.
It was held that these 955 employees are entitled to be regularized in the services of the FCI.
39/1992 I.D. 55/1993 in support of their respective stand before the Industrial Tribunal.
The case of the appellant FCI , in substance, was that these 955 employees were are never the employees of the FCI but were are the employees of a companytract labourers Society though working in the establishment of the FCI for doing their work.
Though these appeals arise out of an order passed by the High Court of Kerala, but we find that these appeals also involve more or less the same point which we have dealt with in detail in our order passed today 20.08.2018 in Civil Appeal No.10499 of 2011, Civil Appeal No.10511 of 2011 Food Corporation of India and Ors.
In order to carry out their business activities, which are spread all over the companyntry, the appellant has established its Branch offices in every State.
By awards dated 19.02.1997 29.07.1998, the Industrial Tribunal answered the reference in favour of the workers Union and against the appellant.
The appellants claiming to be working as clerical staff filed writ petitions against the Food Corporation of India FCI Respondent No.
Both the parties submitted their statements in ID No.
The appellants felt aggrieved and filed intra companyrt appeals before the Division Bench.
Against the said order, the appellants filed review petitions which were disposed of by the High Court by order dated 23.08.2007 in R.P. No.767 of 2007 in Writ Appeal No.479 of 2002 and R.P. No.768 of 2007 in Writ Appeal No.480 of 2002.
Respondent No.1 FCI companytested the writ petitions inter alia on the ground that the appellants are number the employees of the FCI and number were they ever appointed by the FCI in their set up but they appellants were appointed as clerical staff by one CoOperative Society called FCI Head Load workers Co Operative Society.
In other words, the appellants petitioners therein claimed a relief of regularization of their services in the set up of FCI as regular employees of the FCI.
The appellant is engaged in the business of sale, procurement, storage and distribution of food grains.
By impugned order, the Division Bench dismissed the appeals and affirmed the order of the Single Judge, which has given rise to filing of these appeals by special leave by the unsuccessful writ petitioners.
The appellant has employed a large number of employees to carry out its business operations through their Chennai Branch office with which we are companycerned in these appeals.
So far as the workers Union respondents herein is companycerned, they adduced the evidence to prove their case whereas the appellant FCI did number adduce any evidence to prove their case despite affording them an opportunity to adduce.
Abhay Manohar Sapre, J. These appeals are directed against the final judgment and order dated 13.12.2006 passed by the High Court of Madras at Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2018.08.20 164110 IST Reason Chennai in Writ Appeal No.3383 3382 of 2003 whereby the High Court dismissed the appeals filed by appellant herein.
