The Food Corporation Of India … vs Food Corporation Of India & Others on 3 November, 2008

Punjab-Haryana High Court
The Food Corporation Of India … vs Food Corporation Of India & Others on 3 November, 2008
                          CWP No.17633 of 2008                            -1-


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                       CASE NO.: CWP No.17633 of 2008

                                  DATE OF DECISION: November 3, 2008


THE FOOD CORPORATION OF INDIA SECURITY ...PETITIONERS
GUARD UNION & ANOTHER

                                  VERSUS

FOOD CORPORATION OF INDIA & OTHERS                       ...RESPONDENTS

CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA.

HON’BLE MR. JUSTICE RAJAN GUPTA.

PRESENT: MR. SAPAN DHIR, ADVOCATE FOR THE PETITIONERS.

ASHUTOSH MOHUNTA, J.(ORAL)

The Food Corporation of India Security Guard Union

alongwith another has filed this writ petition wherein it has been prayed that

the Food Corporation of India be directed to employ the petitioners as

Watchmen in accordance with the directions issued by the Supreme Court of

India in a case tilted as Steel Authority of India Limited & others Vs.

National Union Waterfront Workers and others, reported as 2001(7) SCC 1

(CB).

The members of the petitioner-Union were employed by Delta

Protective Systems, Ludhiana as Watchmen/Security Guards. The services

of the petitioners were discontinued in the year 1999. They have

approached this Court now after a lapse of 9 years. The petitioners had

earlier served a legal notice which has been disposed of vide Annexure P-5,

wherein it has been held that the petitioners were never issued any
CWP No.17633 of 2008 -2-

appointment letters by the Food Corporation of India and in fact were

employed by Delta Protective Systems, Ludhiana. It has been averred that

there is no privity of contract between the petitioners and Food Corporation

of India, hence the petitioners can have no cause of action against the

respondents.

After hearing counsel for the petitioners we are of the

considered opinion that the petitioners have approached this Court highly

belatedly, i.e. more than 9 years after termination of their services.

Moreover, the petitioners were employed by Delta Protective Systems,

Ludhiana which is a private contractual agency.

In view of the above, the writ petition is dismissed having been

filed highly belatedly.



                                        (ASHUTOSH MOHUNTA)
                                              JUDGE



November 3, 2008                            (RAJAN GUPTA)
Gulati                                         JUDGE
 

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