- (1.) Food Corporation of India, Mazdoor Union, Hapur, District Ghaziabad through its General Secretary is before this Court, assailing the validity of the order dated 19.04.2016 passed by learned Single Judge in Civil Misc. Writ Petition No. 50747 of 2015 (The Chairman Cum Managing Director F.C.I. And 3 others Versus The General Secretary (Represented by Mohd. Hashim General Secretary) F.C.I. and another), allowing the writ petition by setting aside the order dated 29.05.2015 with liberty to Deputy Chief Labour Commissioner (Central), Kanpur to place the report to the Central Government for referring the dispute for adjudication under the Industrial Dispute Act, 1947.
(2.) Brief background of the case as is emanating that F.C.I. Mazdoor Union, Hapur, District Ghaziabad claims itself to be duly registered Union under the Trade Union Act, 1986 and also duly recognised by Food Cooperation of India, wherein Mohd. Hashim claims that he is duly selected General Secretary of Union. At Food Cooperation of India, the activity in question that was being carried out at Food Storage Depot of Food Corporation of India pertaining to loading, unloading, slacking, de-slacking, re-slacking, standization, weighment, sweeping and cleaning same was through contract system. The contract system was abolished by the Central Government under the provision of Contract Labour (Regulation and Abolition) Act, 1979. Thereafter Food Corporation of India accordingly issued a Circular on 05.12.1994 for providing benefit to the workers after abolition of the contract system. This much is reflected that there has been a lis in between workers and Food Corporation of India and ultimately F.C.I. Mazdoor Sangh filed Civil Misc. Writ Petition No. 22652 of 1998, which was disposed of vide order dated 08.09.1998. Against the order dated 08.09.1998, Food Corporation of India had filed Special Appeal No. 874 of 1998 and all other connected matter were disposed of by common judgement dated 30.11.2006. This much is also reflected that thereafter, pursuant to the order passed in Civil Misc. Writ Petition No. 22652 of 1998 and Special Appeal No. 874 of 1998, Assistant Labour Commissioner (Central), Kanpur by order dated 20.06.2007 resolved the controversy by verifying the workers and declared them to be genuine workers. Against the order dated 20.06.2007 passed by the Assistant Labour Commissioner (Central), Kanpur, the Food Corporation of India filed Civil Misc. Writ Petition No. 46677 of 2007 and in pursuance of the order passed in Civil Misc. Writ Petition No. 46677 of 2007, order dated 01.05.2009 has been passed by Assistant Labour Commissioner (Central), Kanpur and order dated 01.05.2009 has been subjected to challenge in Civil Misc. Writ Petition No. 27550 of 2009 by the Food Cooperation of India and same was dismissed on 27.05.2009. Thereafter against the order dated 27.05.2009, Special Appeal was preferred by the Food Corporation of India, which was been disposed of vide order dated 09.09.2009 with the observation that if any application for restoration is pending as claimed same shall be decided within two months. Thereafter the Assistant Labour Commissioner passed the order on 24.11.2009 which was challenged by Food Corporation of India in Civil Misc. Writ Petition No. 4604 of 2010 and said writ petition was dismissed by order dated 03.02.2010. Against the order dated 03.02.2010, Special Appeal No. 2906 of 2010 has been filed and same has also been dismissed on 07.10.2010. Record in question reflects that thereafter Food Corporation of India again moved application before the Assistant Labour Commissioner (Central), Kanpur for tracing restoration application and to decide the same. Thereafter, Assistant Labour Commissioner (Central), Kanpur by order dated 14.03.2011 rejected the application filed by the Food Corporation of India. Thereafter the Food Corporation of India filed Civil Misc. Writ Petit on No. 26953 of 2011 which was dismissed on 11.05.2011. Against the order dated 11.05.2011, Special Appeal was filed by the Food Corporation of India which was registered as Special Appeal No. 1558 of 2011 and same was dismissed by order dated 06.05.2014. Thereafter Food Corporation of India against the order dated 06.05.2014 filed Special Leave to Appeal before the Apex Court which was dismissed by order dated 03.11.2014. Thereafter, against the order dated 03.11.2014, Food Corporation of India filed Review Application, which was rejected on 20.01.2015 and order of Assistant Labour Commissioner ( Central), Kanpur was confirmed up to the Apex Court. Record in question reflects that in pursuance to the order dated 17.10.2011 passed in Civil Misc. Writ Petition No. 59544 of 2011, 3 Member Committee was constituted for verification of the contract labourers before whom the members of Union appeared, ultimately the Committee prepared its report on 19.11.2012. In the said report that has been so prepared, Mazdoor Union had feeling that various incumbents have been left out, accordingly Civil Misc. Writ Petition No. 34027 of 2013 had been filed and this Court on 19.06.2013 proceeded to pass order. This much is also reflected that thereafter Deputy Chief Labour Commissioner (Central), Kanpur proceeded to pass order on 29.05.2015 accepting the list of workers. Against the order dated 29.05.2015 Civil Misc. Writ Petition No. 50747 of 2015 had been filed and aforesaid writ petition has been allowed.
(3.) Sri Anil Bhushan, Senior Advocate, assisted by Sri S.K. Mishra, Advocate submitted with vehemence that in the present Deputy Chief Labour Commissioner (Central), Kanpur had full authority and jurisdiction to decide the issue of genuine /ingenuine of the workers, in the past such an exercise has been approved by this Court, and in view of this, totally wrong opinion has been formed by the learned Single Judge and as such Special Appeal deserves to be allowed.;