- (1.) HEARD Sri A.K. Srivastava, learned counsel for the petitioners, Sri Ravi Prakash Srivastava, learned counsel for the respondent No. 1, Sri B.N. Singh for respondent No. 4 and Sri S.K. Mishra, learned counsel for the respondents -workmen.
(2.) SINCE a simple legal issue is involved in the matter, the Court did not issue notices to private respondents and the writ petition was finally heard at the admission stage without calling for a counter affidavit.
(3.) BY means of the present writ petition, the petitioners have challenged the impugned order dated 22.07.2014 passed by the Deputy Chief Labour Commissioner (Central), Kanpur and further prayed for a mandamus not to compel the petitioner No. 4 to take work from the applicants/respondent Nos. 3 and 5 to 129. Brief facts giving rise to the present writ petition are that the Food Corporation of India (hereinafter referred as "Corporation") has four depots in Bulandshahar viz., Imalia, Chandpur, Shyamnagar and Khurja. There are two sets of labourers working in the depots of the Corporation, one under Direct Payment System and other under No Work No Pay System. The present controversy relates to Khurja depot. The labourers are working on No Work No Pay System as no regular work was available at Khurja depot. It has been averred that a bipartite settlement was entered between the petitioner Corporation and FCI Workers Union for introducing Productivity Linked Price Rate System on no work no pay basis. Initially the Bhartiya Khadya Nigam Mazdoor Sangh had filed writ petition No. 3194 (S/S) of 1996 before the Lucknow Bench of this Court where an order was passed on 14.06.1996 allowing the workmen to work in the same capacity and 150 labourers were identified and they worked upto December 2004 after being identified as the genuine labourers and the registration of Union, which is represented by respondent No. 4, had come later on.;