Court No. - 23 Case :- SERVICE SINGLE No. - 45 of 2010 Petitioner :- F.C.I. Mazdoor Sangh U.P.,Lucknow,321 Avas Vikas Colony Respondent :- F.C.I.,16/20 Barakhambha Lane,New Delhi ,Thu. Its Chairman- Petitioner Counsel :- Shailendra Singh Chauhan Respondent Counsel :- Ashutosh Kumar Singh Hon'ble Shabihul Hasnain,J.
Heard Mr. Shailendra Singh Chauhan learned counsel for the
petitioner and Mr. Ashutosh Kumar Singh for the Food
Corporation of India.
An impleadment application has been moved by Mr. Sanjeev
Pandey.
In view of the order which is proposed to be passed, it is not
necessary to pass any orders on impleadment application.
One of the disputes in this petition is that whether the petitioners
are the persons who were already working with the Food
Corporation of India or not at Khurja Depot. The dispute has been
further heightened by moving an impleadment application by the
erstwhile Bhartiya Khadya Nigam Mazdoor.
It has become difficult for the court to justify the rival arguments
of the parties as to who are the earlier workers who were already
working with the FCI. According to Mr. Ashutosh Kumar Singh
learned counsel for the opposite parties the petitioners have never
worked with the FCI. He further says that FCI is not averse to the
rights of any worker who is covered by earlier orders of the court
but it is necessary to identify whether that employee had ever
worked with the department and for what period and where.
This court feels that the writ petition is not the appropriate forum.
This view is fortified by the judgment and order of Hon’ble
Supreme Court 2001 SCC ( LNJ) 1121 Steel Authority of India
and others vs.
Accordingly, under the circumstances this court directs the parties
to appear before the Regional Labour Commissioner (Central)
Kanpur and no separate notice will be issued to them by the said
authority.
The Regional Labour Commissioner shall pass a final order
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positively within a period of two months. The parties shall not
seek adjournment and shall cooperate with the hearing.
Since the order is being passed in presence of counsel for all the
parties, this court feels that the date may also be notified here so
that they all can appear simultaneously on the date fixed by this
court.
Accordingly, let the concerning parties appear before the Regional
Labour Commissioner (Central) Kanpur on 29.1.2010. It is further
made clear that till the decision of the Regional Labour
Commissioner (Central) Kanpur is available the status quo as
existing today shall remain operative which will come to an end
automatically after exercise has been done by the Regional Labour
Commissioner (Central) Kanpur.
It is expected that the Food Corporation of India in whose presence
the orders has been passed shall comply with the orders passed by
the Regional Labour Commissioner (Central) Kanpur.
With the above observation the writ petition is finally disposed of.
Order Date :- 13.1.2010
Om.