- (1.) Following is the operative portion of the judgment and order dated 8.3.2001 passed by the High Court : "In this backdrop and applying the ratio in the aforesaid two judgments of the Apex Court, namely, Indian Petrochemicals Corporation Ltd. & Anr. Vs. Shramik Sena & Ors., 1999 AIR(SC) 2577 and Government of India Vs. Court Liquidator s Employees Association, 2000 AIR(SC) 405, I feel that the corporation being a state authority must act in accordance with the policy of the Government. Denial of regularization of the service of the concerned workmen, I am constrained to say, amounts of violation of policy of the Government and is an unfair labour practice. I am of the view that the said workmen should be regularized as they are working for atleast considerable periods. At the same time, I think that the interest of the corporation should also be protected. Considering the facts and circumstances, I feel that for the ends of justice time should be given to the corporation for framing a scheme to absorb the said workmen as regular employee. Accordingly, I grant one year time to Food Corporation of India to frame a scheme or to find ways and means to absorb the said workmen. So long the services of the writ petitioner are not regularized in terms of this order, the present system should continue."
(2.) By way of compliance, paragraph 17 of the affidavit- in-opposition of the respondent-Food Corporation of India, has been relied upon by the learned senior counsel appearing for the workmen, which reads thus : "17. With further reference to Paragraph 13 of the said petition, I say that the workmen under the Direct Payment System are fully secured and are entitled to the minimum guaranteed wages as revised from time to time after two years. Benefits are also extended as applicable under the above system like paid weekly Holiday, Sick Leave, Paid Holidays, Provident Fund, Ex-gratia in lieu of Bonus Productivity Linked Incentive, First-aid Medical Facility, Gratuity under the payment of Gratuity Act, 1972, compensation under the Workmen's Compensation Act as also the Retirement Age of 60 years. I further say that the benefits of the next kins of the workmen entitled to appointment on compensate grounds in case of a particular workman dying in harness, payment of Group Insurance and Benevolent Fund in case of death in harness are also extended under the Direct Payment System."
(3.) It is apparent that the Single Bench has directed the absorption as regular employees and one year's time was given for that purpose. That has not been done. Merely bringing the workmen under the Direct Payment System and guaranting them minimum wages, was not intended by the Single Bench while taking decision on merits. Thus, before dilating any further upon the matter, we give the last opportunity to respondents-contemnors to report the compliance of the order in pith and substance.;