WORKMEN OF FOOD CORPORATION OF INDIA Vs. UNION OF INDIA
HIGH COURT OF CALCUTTA
WORKMEN OF FOOD CORPORATION OF INDIA
UNION OF INDIA
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Nikhil Nath Bhattacharjee, J. -
(1.)In this writ application the petitioner, the workmen of Food Corporation of India representing the workers of FCI, Calcutta has challenged an award dated December 7, 1983 passed by the Presiding Officer, Central Government Industrial Tribunal, Calcutta in Reference No. 1 of 1978 and Reference No. 8 of 1979, heard together and published by the Central Government by a notification dated January 4, 1984.
(2.)It appears that in Reference No. 1 of 1978 involving 19 workers of the FCI, Calcutta the Government of India in the Ministry of Labour by order dated August 5, 1977 made the reference with the issue as mentioned below;-
"Whether the action of the management of the Food Corporation of India, Calcutta in dismissing the undermentioned 10 workmen from service is justified? If not, to what relief are the said workmen entitled?" The names and particulars of the 19 workmen are noted. In the Reference No. 8 of 1979 in respect of 27 workmen including the 19 workmen as aforesaid, the issue involved is as follows:-
" Whether the action of the management of the Food Corporation of India, Calcutta in reappointing the workers whose names are given below as fresh entrants instead of treating them as reinstated in service is justified? If not, to what relief are these workers entitled?" The names and particulars of the 27 workmen are noted.
(3.)The learned Tribunal Judge took up both the references together and passed his award dated December 7, 1983 covering the two. In respect of Reference No. 1 of 1978 the award is that the action of the Management of the F.C.I., Calcutta in dismissing the concerned workmen from service is not challengeable and is therefore, justified. So far as Reference No. 8 of 1979 is concerned the award is that the action of the management of the F.C.I., Calcutta in reappointing the 27 workmen including the former 19 workmen as fresh entrants instead of treating ] them as reinstated in service, is not challenge-able and is justified. The learned Tribunal Judge noted,
"It follows that the concerned workmen in either reference are not entitled to any relief."
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