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
