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2003 Supreme(SC) 1546

K.G.BALAKRISHNAN, P.VENKATARAMA REDDI
Senior Regional Manager, Food Corporation of India, Calcutta – Appellant
Versus
Tulsi Das Bauri – Respondent


ORDER :

K.G. Balakrishnan, J. - This appeal is preferred by the Food Corporation of India against the judgment of the Division Bench of the High Court of Calcutta. A group of ninety-one workers, filed a writ petition before the Calcutta High Court contending that they have been working as casual workers under the contractor (Respondent 94) and that the contractor was liable to pay arrears of wages from March 1993 to February 1994. This amount so paid by the contractor was not reimbursed by the appellant Food Corporation of India to the contractor. These workers apprehended that as the Food Corporation of India had not reimbursed this amount, their wages for future period would not be paid by the contractor and in the writ petition they prayed for a writ of mandamus directing the appellant Food Corporation of India to perform their duty under Section 21 of the Contract Labour (Regulation and Abolition) Act, 1970 (for short "the Act"). The workers also prayed that their daily wages should not be stopped on account of the claim of contractor.

2. The learned Single Judge before whom the matter came up for consideration passed an interim order on 26-6-1995. The learned Single Judge direct

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