Arijit Banerjee - (1.) The short facts of this case are that the petitioners claim that they are departmental workers working at different food storage depots of Food Corporation of India (in short FCI) situated in the State of West Bengal. They work as handling workers involved in handling of bags at these depots. They contend that apart from their regular monthly pay, they are also entitled to get incentive as per the circulars issued from time to time.
(2.) In 1999, a bipartite settlement was arrived at between the FCI and the Union of the petitioners whereunder, inter alia, the piece rate incentive scheme was agreed to be revised. The petitioners started to get incentive as per the bipartite settlement.
(3.) A circular dated 15 December, 2005 was issued by FCI to the prejudice of the petitioners bringing into operation a piece rate incentive scheme for handling of bags weighing up to 50 kg. by departmental workers in the inland depots of food of FCI. It is not in dispute that the incentive scheme sought to be introduced by the said circular dated 15 December, 2005 was challenged by the Union of the petitioners which gave rise to an industrial dispute before the Regional Labour Commissioner, (Central), New Delhi.;