KISHORI YADAV AND OTHERS Vs. F C I AND ORS
LAWS(ALL)-2018-4-225
HIGH COURT OF ALLAHABAD
Decided on April 12,2018

Kishori Yadav And Others Appellant
VERSUS
F C I And Ors Respondents

JUDGEMENT

Abdul Moin, J. - (1.) Heard Sri Anuj Kudesia, learned Counsel for the petitioner and learned Standing Counsel for the State-respondents.
(2.) By means of the present petition the petitioner has prayed for the following reliefs:- "i) Issue a writ , order or direction in the nature of Certiorari quashing the order dated 19.8.1999 in respect of petitioners by which the petitioners have been stopped from their work. ii) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to take the work from the petitioners and pay them monthly wages as the petitioners were under direct payment system and further the opposite parties be directed to pay the arrears of the monthly wages for which period the petitioners have worked. iii) issue any other order or direction which this Hon'ble Court may deem just and proper under the circumstances of the case. iv) allow this writ petition with cost."
(3.) The case set forth by the petitioners is that they were working with the contractor since 15 to 16 years (at the time of filing of the writ petition in the year 1999) and after abolition of contract system on the efforts of the Food Corporation of India Workers Union, settled their grievance with the Management, In the meeting held on 20.6.1998 between the Management and Union, it was agreed that 150 workers of the Food Corporation of India Workers Union out of the list of 255 labours who had earlier worked and were in possession of the identity cards, shall be given work in Phase I Depot (old) District Barabanki. It is further submitted that the opposite parties were not paying the monthly wages to the petitioners and only paid advance payment to each worker after identifying them. Thereafter an order dated 19.8.1999 was issued allegedly retrenching the petitioners from their work though the petitioners had become direct employees of the Food Corporation of India after abolition of the contract labour system. The order dated 19.8.1999 under challenge is Annexure No.-1 to the writ petition.;


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