- (1.) THE award dated October 6, 1997 passed by the learned Central government Industrial Tribunal, at Kolkata in reference No. 31 of 1994 is under challenge in this writ application. By the impugned award the learned tribunal directed the Food Corporation of India to regularise the appointments of the respondent Nos. 2 to 14 in the post of "dusting operators" with effect from January 9, 1983 on the basis of doctrine of "equal pay for equal work" under the provisions of Article 39 (d) of the constitution of India.
(2.) THE facts of the case in a nutshell as revealed from the materials-on-record are discussed below: the petitioner-Corporation awarded contract to the Food Handling co-operative Society in the year 1982 for execution of various operational works in its depots at C. S. D. Dubguri and Siliguri. The respondents took part in such operation works as "anslyser", "picker" and "dusting Operators" from the January 1, 1983. The aforesaid Food handling Co-operative Society executed the aforesaid works up to April 30, 1995 for two years from November 10, 1982 to November 9, 1984. However, there is a dispute with regard to the mode of engagement of the respondents in the aforesaid post. According to the petitioner-Corporation, they worked under the above contractor. While according to the respondent Nos. 2 to 14, they were engaged directly by the petitioner-Corporation as casual workers. Be that as it may, the respondent Nos. 2 to 14 continued to work under the petitioner-Corporation till their disengagement.
(3.) THE respondent Nos. 2 to 14 raised an industrial dispute and the same was ultimately referred to the Central Government Industrial Tribunal, calcutta by the Government of India, Ministry of Labour on September 15, 1994 on the following terms of reference:- "schedule whether the action of the Management of Food Corporation of India in regularising the services of 12 workmen (list enclosed) of fcl, New Jalpaiguri, GFD Calcutta section and depriving them to payment of wages as departmental regular employees and other benefits is justified? if not what relief the said workmen are entitled to?";