IMPORTANT POINT
Though long lapse of time cannot be ignored, the Supreme Court cannot shirk its responsibility in resolving the issue of identity of persons on the basis of available material in a matter pending for nearly two decades.

Headnote:LABOUR LAW-Industrial dispute-Change in conditions of service-Validity challenged-Award passed-Dispute regarding identity of 464 workmen to be reinstated-Corporation having no dispute with regard to 203 persons-Cases of 287 workmen disputed-Documents produced by workmen to prove their identity-Failure of Corporation to produce primary documents-Adverse inference drawn-Order passed by Tribunal that none of the 287 workmen were able to establish that they were employees of Corporation is a palpable error-Matter pending for two decades-Appellant trade union is directed to identify persons whose identity are questioned by Management-On such identification, Management shall reinstate them in service forthwith.
       Held : On a review of the above facts and circumstances, we are satisfied that the order of the Tribunal is infirm. The only question is, what is the further order to be passed to reach a finality in this long drawn litigation. The matter is pending for nearly two decades. No doubt, counsel for the Corporation invited our attention to certain difficulties involved in "conclusively" determining the identity of the persons as per orders of this court dated 28.2.85 and 17.1.1990. Be that as it may, long lapse of time cannot be ignored and this Court cannot shirk its responsibility in resolving the issue on the basis of available material, however, difficult or arduous it may be. Afterall, it is a "human problem" that calls for an urgent decision. Taking into account the totality of the facts and circumstances and to do complete justice in the matter, we hold that the only way to resolve this issue is to direct the appellant, (trade Union), through a responsible office-bearer, duly authorised, to identify the persons, whose identity are questioned or disputed by the Management. On such identification being made by the appellant, the Management shall reinstate them in service forthwith and also continue to employ such workmen, who shall be entitled to all the rights, liabilities, obligations and duties as prescribed for the workmen by the Corporation, as held by this Court in C.A. No. 1055(NL)/81 dated 28.2.1985. We would, however, like to stress the fact, that the concerned officer of the appellant Union, should act with extreme candour and circumspection. If it turns out later, that any lapse or fraud in the matter was attempted or perpetuated, the concerned official of the Union along with the persons identified, will be liable to prosecution and further penalties. (Para 16)
       Further held : that such of those persons, who are properly identified as coming within the list in the manner stated hereinabove, shall be reinstated in service forthwith. We are also satisfied, on an overall view of the matter, that the 1st respondent Corporation - an instrumentality of the State - has unnecessarily delayed the final disposal of the entire proceedings. If one expected a "fair and impartial" deal from the 1st respondent, he would feel disappointed. We are constrained to say so, on the facts of this case. So, we further direct that such of those persons reinstated after identification, as indicated above, shall also be paid back wages calculated at 70 of the "normal earnings", from the date of the expiry of the period specified in C.A. No. 155/90, i.e., 17.4.1990, till they are reinstated. (Para 17)

JUDGMENT

Paripoornan, J-Delay condoned. Special leave granted.

2. The appellant is the Food Corporation of India Workers Union claiming to be a registered trade Union at Calcutta. The present proceedings are filed by its Secretary. The respondents are - (1) the Food Corporation of India, New Delhi and (2) The Presiding Officer, Central Government Industrial Tribunal at Calcutta. This appeal is filed assailing the award passed by the Central Government Industrial Tribunal (the 2nd respondent) dated 5.11.1993 in Reference No. 13 of 1977 and published by the Central Government on 5.3.1994.

3. We heard counsel. This litigation has a chequered history. This is the third round in this Court. The first respondent, the Food Corporation of India, is a statutory Corporation established for the purpose of trading in foodgrains and other food stuffs and for matters connected therewith and incidental thereto. It undertakes purchase, storage, movement, transport, distribution and sale of foodgrains and other food stuffs. The Corporation has set up its godowns/depots and other storage facilities. Labour is engaged at different stages in the various Depots for handling storage and transit of foodgrains and other food stuffs. The Corporation is functioning through various offices and depots through out India. It seems that the Corporation adopted different methods at different places for employing labour for handling foodgrains. We are concerned in this case with one such Depot set up by the Corporation at Siliguri in West Bengal State. It is stated that at the relevant time, 464 workmen designated as Handling Majdoors were attached to the said Depot. Initially, a contractor was engaged by the Corporation for handling, storage and transit of foodgrains at Siliguri Depots. Subsequently, the procedure of direct payment to labourers was followed by the Corporation. The workmen at its Siliguri Depot went on strike in about January 1975, which was called off in March 1975. Thereafter, the Corporation changed the method of payment. The direct payment system was superseded. The payment through contractor was reintroduced. The 464 workmen already accepted as the workmen of the Corporation, agitated through their Union that the change-over was illegal and malacious. The question arose, whether the aforesaid 464 persons represented by the Union and attached to Siliguri Depot were the workmen of the Corporation and the change in the conditions of service made by the Corporation was valid and legal. This led to an industrial dispute. The matter came up finally before this Court in Civil Appeal No. 1055(NL)/81. By judgment dated 28.2.1985, a three-Member Bench of this Court examined the matter in great detail, and held thus :

"Examining the system of direct payment as set out in the letter dated April 28, 1973 further amplified by the letter dated October 29, 1973, it becomes crystal clear that name of every workman engaged to handle foodgrains at Siliguri Depot will be mustered in a register and his daily out turn will be specified. The payment will be by piece rate as was in vogue at the time of the contractor system. The bill will be prepared setting out the name of the workmen and the out-turn of each. The pay bill will be prepared setting out the names of the workmen and the out-turn of each. The pay bill will be prepared by the Depot staff who are regular employees of the Corporation. The payment will be made by the Corporation but will be distributed to each workman according to the piece rate by what are called Sardar/Mondal. The bills with the acquittance in original evidencing payment would be filed with the Corporation."

"When the direct payment system was introduced, the intermediary contractor disappeared from the picture. The work rendered by each workman had to be entered into a muster roll register. The Corporation will distribute the wages calculated on piece rate to each workman and each workman was required to be a party to the acquittance r

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1996 Supreme(SC) 1075

IMPORTANT POINTThough long lapse of time cannot be ignored, the Supreme Court cannot shirk its responsibility in resolving the issue of identity of persons on the basis of available material in a matter pending for nearly two decades.

IMPORTANT POINT
Though long lapse of time cannot be ignored, the Supreme Court cannot shirk its responsibility in resolving the issue of identity of persons on the basis of available material in a matter pending for nearly two decades.