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2000 Supreme(SC) 1321

SUPREME COURT OF INDIA
Food Corporation of India
Vs.
F. C. I. Paribahan Thikadhari Karmachari Samity
(August 10, 2000)
Decided on August 10, 2000

Regularization of services on humanitarian grounds

Headnote:

Interference - Regularisation of Services - Humanitarian Grounds

Fact of the Case:

The appellant, Food Corporation of India, was directed by the Division Bench of the High Court to regularize the services of 13 workmen on compassionate grounds.

Finding of the Court:

The court found no case for interference in the appeal and dismissed it. The Division Bench's direction to regularize the services of the 13 workmen on humanitarian grounds was upheld, with the acknowledgment that it cannot be a precedent in other cases.

Issues: Regularization of services, Interference in the appeal, Consequential benefits

Ratio Decidendi: The court upheld the regularization of services on humanitarian grounds and dismissed the appeal, stating that the order cannot be a precedent in other cases.

Final Decision: The appeal was dismissed, and the Division Bench's direction to regularize the services of the 13 workmen on humanitarian grounds was upheld.

Legal Category Hierarchy

  • administrative law
    • service law
      • regularization of services (Para 2)
  • constitutional law
    • article 136 (Para 1)

Table of Contents

1. Regularization of services for workmen on compassionate grounds. (Para 2 )

2. Challenge to the direction for regularization of services on humanitarian grounds. (Para 1 , 2 )

3. Directions issued on humanitarian grounds are specific to the case and cannot serve as a precedent. (Para 2 )

4. Orders passed on humanitarian grounds do not establish a legal precedent for other cases. (Para 2 )

5. Appeal dismissed; direction to regularize workmen upheld; interim stay vacated. (Para 2 )

6. Whether a direction to regularize services on humanitarian grounds constitutes a legal precedent?

No, the court held that directions issued on humanitarian or compassionate grounds are specific to the circumstances of the case and cannot be used as a precedent in other cases. (Para 2 )

( 1 ) HAVING heard learned Counsel for the parties, in our view, no case is made out for our interference in this appeal pursuant to the leave being granted under Article 136 of the Constitution of India.

( 2 ) THE appellant-Food Corporation of India is directed by the Division Bench of the High Court, on compassionate ground, to regularise the services of 13 workmen who are found to have been working with it since years. Best of the workmen are already working with the State Government. The Division Bench in the impugned judgment on humanitarian ground, has directed that the 13 left out workmen may be absorbed in the appellant-Corporation. This order being on humanitarian ground, obviously cannot be a precedent in other cases AII other consequential benefits flowing from the judgment under appeal will now be available to the concerned 13 workmen. The appeal is therefore, dismissed. Interim stay granted on 22. 6. 1997 will stand vacated. No costs.

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