Tapabrata Chakraborty J. - (1.) Aggrieved by the judgment dated 27th July, 2017 passed in MAT 1995 of 2016, the Food Corporation of India (in short, FCI) and its functionaries have preferred the present review application being RVW 228 of 2017.
(2.) As we have invited Mr. Basu, learned senior counsel appearing for the appellants/applicants to advance his arguments on merits of the review application, we condone the delay in preferring the review application.
(3.) Mr. Basu primarily argues that the Hon'ble Supreme Court while disposing of a writ petition being W.P.(Civil) No.422 of 2000 filed by the FCI Workers Union seeking to enforce the claim of its members under the Direct Payment System for payment of wages at par with departmental workmen of FCI, the Hon'ble Court only granted liberty to the union to move before the appropriate forum for relief. Pursuant to such liberty granted by the Hon'ble Supreme Court, a reference has been made to the National Industrial Tribunal, Bombay regarding the working conditions of Direct Payment System, no work no pay system workers being Reference NTB No.1 of 2003, which is still pending for adjudication before the National Industrial Tribunal, Bombay. The said fact was suppressed by the writ petitioners in the writ petition being W.P. No. 22855 (W) of 2014. The applicants herein could not deal with the said relevant point at the hearing of the writ petition as no affidavit-in-opposition was filed in the above writ petition.;