R.B. Mishra, J. - (1.) Heard Sri P.C. Srivastava learned counsel for the petitioner and Sri Pradeep Kumar learned counsel for Food Corporation of India. In this petition prayer has been made for issuance of writ of certiorari quashing the order dated 1-10-1999 (Annexure-1 to the writ petition) passed by Zonal Manager (North), Food Corporation of India and further prayer has been made for issuance of writ of mandamus commanding the respondents to induct the members of the F.C.I. Mazdoor Sangh (petitioner hereinunder) direct payment system w.e.f. the date when other similarly placed persons were given appointment and are paid salary under direct payment system as per report of Committee comprising of four managers.
(2.) The Food Corporation of India, hereafter referred to as "FCI" has been constituted and established under Section 3 of the Food Corporations Act 1964 in short called 'Act' hereinafter for undertaking trading in foodgrains to safeguard the interest of the producers as well as of the consumers. The 'FCI' engages itself primarily in procurement, storage, movement, distribution and sale of foodgrains. For this purpose it maintains Food Storage Depot (FSD for short) at different places and one such 'FSD' is located at Partapur in District Meerut, U.P., 'FCI' obligations to maintain uninterrupted supply of foodgrains from its 'FSD' to the defence and other essential services and for the public distribution system through out the territories of the country and its remote corners and has also to supply foodgrains to areas affected by scarcity and hit by natural calamities. The handling of foodgrains at 'FSD' Partapur used to be carried out under handling and transport contract system (HTC for short) awarded to private contractors from time to time prior to 1987. During March 1987, it was decided to introduce 'Mate-System' as the last contractor had failed to discharge contractual liabilities etc. as well as stoppage of work by the contract labour demanding abolition of contract system. Moreover, the Central Government has not yet abolished contract labour system at 'FSD'-Parapur under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970. At the instance of the 'FCI' workers union, the Supreme Court in writ petition No. 13508 of 1983 has directed the appropriate Governments to examine the issue of abolition of contract system and in terms the appropriate Government issued notification prohibiting engagement of contract labour in certain 'FSD' of the 'FCI' (other than the present disputed FSD). Due to such prohibitions of contract labour at certain depots notified by the appropriate Governments the 'FCI' workers Union gained increase in its membership of workers and merger of some smaller unions like B.K.N. Mazdoor Sangh etc. and started instigation of labourers where contractors were working resulting stoppage of work and deterioration of stocks.
(3.) The work of handling of bags of foodgrains is though of intermittent nature and the labour is required only when stocks are received or despatched. The idea for introduction of Mate System at such depots was to regularise/ induct only those labourers who had actually worked with the contracts for a reasonable period and under this system mates were nominated by the FCI workers union, who was only the existing Union at 'FSD' Partapur at relevant point of time.;