- (1.) CHALLENGING the judgment and order dated 18th February, 2005 passed by learned trial Judge in W. P. No. 21368 (W) of 1999 this appeal has been preferred. By the impugned judgment under appeal, writ application was dismissed on merit passed by the learned trial Judge.
(2.) THE writ petitioner, Food Corporation of India, hereinafter referred to as "fci", is appellant before us. FCI challenged the award of the Central Government Industrial Tribunal, Asansol dated 9th June, 1999 whereby the Tribunal answered the reference under Section 10 of the Industrial Dispute Act, namely, "whether the demand of Durgapur Casual Workers' Union for absorption of 49 casual workmen as per list enclosed by the management, FCI, Durgapur is justified? If not, what relief they are entitled to?", in the affirmative in favour of the workmen directing the 49 casual workmen to absorb by the management within 3 months from the date of enforceability of the award on the sole ground that continued casualization of service amounts to unfair labour practice vide item no. 10 in part 1 of the Fifth Schedule in the Industrial Dispute Act and that social justice principle demand such order of absorption. The award in connection with reference no. 21 of 1996 passed on 9th June, 1999, reads such: "award. 1. The Government of India in the Ministry of Labour in exercise of the powers conferred on them by clause (d) of sub-section (1) and sub-section (2a) of Section 10 of the Industrial Disputes Act, 1947 has referred the following dispute to this Tribunal for adjudication vide Ministry's Order No. L-22012/348/95-IR (C. II), dated 18-7-96. SCHEDULE. "whether the demand of Durgapur Casual Workers Union for absorption of 49 casual workmen as per list enclosed by the management of FCI, Durgapur is justified? If not, what relief they are entitled to?" 2. The admitted back ground: the Durgapur Food Corporation District had long back set a rice mill in the name and style of Modern Rice Mill at Durgapur and it had been handed over to Successive contractors for running the same. The concerned workmen (as per list) had been working as contract labour under the contractors in the rice mill. The fast contractor was M/s. Civicon. The contract system was terminated and the rice mill was closed in 1990/1991. Thereafter the concerned workmen were directly employed by the Food Corporation of India in June, 1991 as casual employees on daily wage basis in the Food Storage Depot at Durgapur, for performing the jobs of Sweeping godown floors and wagons, putting covers on infested stocks for fumigation purpose, cutting grass, collection and bagging of spillages from godowns/wagons etc. Even now also their casual employment has been continuing. They are paid wages for six days in a week at the minimum wage rate prescribed by the West Bengal State Government, the seventh day in each week being treated as a break in their employment.
(3.) THE Union's version: the jobs performed by the concerned casual workmen are indispensable for the Food storage depot and the same are of perennial nature. In fact the concerned workmen have been continuously working for six days in every week. For discharging same and similar type of functions, the management has got the system of engaging its own regular employees. They should be accordingly absorbed permanently.;