- (1.) Pursuant to our earlier order dated 1-11-1999 a moot question regarding identification of 177 eligible workmen was entrusted to Justice bhagabati Prosad Banerjee, a retired Judge of the Calcutta High Court. The learned Judge, after hearing the parties concerned and after undertaking a marathon exercise spread over three months by camping at the site at Siliguri and by even going to the houses of the claimants concerned, has given his report dated 24-2-2000. We appreciate the task undertaken by him. Copies of the report have been seen by learned counsel for the parties in these proceedings. The report shows that out of 177 claimants whose identification was to be done, some of them already absorbed are listed at p. 2 of the report. 19 persons were found to be dead and ultimately according to the report 23 persons listed at p. 6 of the report were duly identified and found to be eligible for absorption. In our order of 1-11-1999 it was made clear that once this exercise is completed and the report is submitted to this Court, it will be treated as final. We accept the said report. Consequently, the aforesaid report has to be treated as final and binding on the parties before us. Under these circumstances, the only direction which can now be issued to the Food corporation of India (FCI) is that the listed 23 eligible persons, whose names are given at p. 6 of the report at Serial Nos. 1 to 23 shall be treated to have been absorbed in the service of FCI with effect from 21-7-1975 as per the order of this Court in Civil Appeal No. 9182 of 1996 on 16-7-1996 and also as per the earlier judgment of this Court in Civil Appeal No. 1055 of 1981 dated 28-2-1985. It is obvious that out of these 23 persons, if any of them, after such retrospective absorption pursuant to the present order, have already reached the age of superannuation, they have to be given all superannuation benefits and till they reached that age of superannuation, back wages as directed earlier by this Court in Civil Appeal No. 9182 of 1996 on 16-7-1996, shall be made available to them. If, on the other hand, any of the 23 listed eligible workmen on absorption from 21-7-1975 are still found eligible to continue in service and have not reached the age of superannuation in the meantime, shall also be paid back wages till actual reinstatement as directed by this Court by order dated 16-7-1996.
(2.) The entire exercise of reinstatement, absorption and back wages and superannuation benefits, if any payable to these 23 workmen, may be completed within eight weeks from today.
(3.) It is made clear that the present order puts to an end the controversy about absorption of all the workmen as per earlier order of 28-2-1985 and latter order of 16-7-1996. This simmering controversy shall be treated to be finally resolved.;