Ashok Bhushan, J. - (1.) Heard Counsel for the petitioner and the learned Standing Counsel.
(2.) By this writ petition the petitioner has prayed for a writ of mandamus commanding the respondent No. 3 to release the amount of Rs. 1,12,288/- with interest at the rate of 12%. The petitioner was working as handling labour in the office of Food Corporation of India. Under a Circular dated 3-7-1996 the petitioner made an application seeking retirement on medical ground praying that his son may be engaged in his place. It appears that alongwith the petitioner there were several other handling labourers, who had made applications under the said Circular. After making their applications for retirement on medical ground sometime was taken in processing the applications and the applications were accepted and the son of the applicants were given employment, in the present case, the petitioner's son was also given appointment. The Corporation, subsequently, took a decision for making deduction of the amount of salary paid to the petitioner and other handling labourers from the period mentioned in the order issued by the Corporation, i.e. from the date of disability on medical ground, till the date of actual retirement. A writ petition No. 10452 of 2003 (Food Corporation of India Workers Union through its Vice President v. Senior Regional Manager and another) was filed praying for quashing the order dated 15-6-2001 which was annexed as Annexure II to that writ petition. In paragraph 4 of the writ petition it was mentioned that the Union is competent to file the writ petition on behalf of the workers whose names were mentioned in paragraph 4. It was further mentioned that the cause of action had arisen on account of illegal deduction from gratuity and C.P.F. The name of the petitioner was also mentioned as the last name in the said list. Paragraphs 4 and 5 are extracted below : "4. That, the Union is competent under the law to file the present writ petition before this Hon'ble Court on behalf of the following workers with regard to the cause of action arises on account of illegal deduction from gratuity and C.P.F. The list of workers are as under : JUDGEMENT_241_LAWS(ALL)1_2007.htm 5. That, the aforesaid employees were working as Handling Labour in the Food storages Depot Chandari at Kanpur, U.P. under the supervision of Food Corporation of India. They are members of the aforesaid union, therefore, the above noted workers are filing the present writ petition through aforesaid Union."
(3.) In the said writ petition an application was raised by the Stamp Reporter that the writ petition in fact is for the benefit of workers who are mentioned in paragraph 4 hence the writ petition can be entertained only if the Court fee is paid on behalf of all the workers whose names are mentioned in paragraph 4. The deficiency of Court fee was ultimately made good and the writ petition was finally disposed of by detailed judgment dated 17-10-2003. This Court while disposing of the writ petition made following observations in the last two paragraphs which are extracted below : "This assertion shows that petitioner did not discharge any work after they moved their applications, and continued to receive their salary in due course until their applications were accepted. They were actually paid for the period on account of administrative delay in processing their applications. They cannot be paid benefits of wages beyond the benefits under the scheme. In the circumstances, I find that the petitioner's stand is not supported by any material of the fact and is not bona fide. For the aforesaid reasons, the reliefs cannot be granted. It is contended that some of the kin of the petitioners have received compassionate appointment. The respondents will ensure that after deduction of the aforesaid amount, the next of kin will be given appointments as expeditiously as possible in accordance with the scheme. If any of the beneficiaries given in paragraph 4 has opted for voluntary retirement after the age of 55 years, their kins will not be entitled the benefit of compassionate appointment under the scheme. The writ petition is disposed off with these directions.";