Irregularly appointed casual employees who have worked for more than 10 years without any intervention from courts or tribunals and fulfill the eligibility conditions at the point of entry into service can be regularized as a one-time measure, in accordance with the guidelines laid down by the Supreme Court in Uma Devi (3) & Ors. and State of Karnataka & Ors. Vs. M. L. Kesari.

PRANAB KUMAR CHATTOPADHYAY, J.

Food Corporation of India has Food Storage Depots through out the country for the purpose of storage of food grains, which are normally distributed through the Public Distribution System in various parts of the country. Food Corporation of India (hereinafter called as F.C.I.), however, cannot maintain its regular staff for the purpose of loading and unloading of the food grains in each and every depot. Therefore, Food Corporation of India appoints handling and transport contractor for handling of such food grains and also for doing the ancillary works relating to preservation of such food grains. The appellants herein were employed by the F.C.I. in 1983 at the Government Food Depot, New Jalpaiguri.

2. It is the case of the appellants that they were appointed directly by the District Manager, Food Corporation of India on 9th January, 1983 and always received the salaries/wages directly from the Food Corporation of India. It has been specifically submitted on behalf of the appellants that the said appellants were working under the supervision and control of the Food Corporation of India since their appointment in the year 1983. The real grievance of the appellants herein is that they are being treated as casual workers in spite of discharging the duties as regular employees of the Corporation. The appellants herein claimed permanent absorption and regularization of their services in the establishment of the Food Corporation of India. The appellants herein raised an industrial dispute since the management of the FCI refused to regularize the services of the appellants herein in the regular establishment of the FCI. Ultimately, the said industrial dispute was referred to the Central Government Industrial Tribunal, Calcutta for adjudication by the order dated 15th September, 1994 issued by the Ministry of Labour, Government of India. The terms of reference mentioned in the said order dated September 15, 1994 are set out hereunder :-

“Whether the action of the management of Food Corporation of India in not regularising the services of 12 workmen (list enclosed) of FCI New Jalpaiguri GFD Calcutta Section and depriving them to payment of wages as per the departmental regular, employees and other benefits is justified ? If not what relief the said workmen are entitled to ?”

3. The Central Government Industrial Tribunal thereafter passed an award upon holding that the FCI Authorities should regularise the services of the appellants herein as Dusting Operators from 6th May, 1987. The learned Tribunal also held that the appellants herein will be entitled to get wages including all other benefits like the regular employees of the establishment working in the said post from the date of their appointment i.e. from 9th January, 1983 since the said appellants had performed the same nature of duties as regular employees of the FCI.

4. Challenging the aforesaid award, a writ-petition being W.P. No. 16159 (W) of 1998 was filed by the FCI Authorities before a learned Judge of this court. The said writ petition was dismissed by the learned Single Judge. The FCI Authorities thereafter filed an appeal before the Division Bench of this Court. The Division Bench, however, allowed the said appeal preferred by the FCI Authorities and set aside the award passed by the learned Tribunal and also the judgment and order passed by the learned Single Judge.

5. Challenging the said judgment of the Division Bench of this Court, appellants herein filed a Special Leave Petition before the Supreme Court. The Hon’ble Supreme Court while deciding the said Special Leave Petition expressed an opinion that the matter should be considered afresh by the learned Single Judge in the light of the Constitution Bench decision of the Supreme Court in the case of Secretary, State of Karnataka & Ors. Vs. Uma Devi (3) & Ors., reported in (2006) 4 SCC 1 as also the decisions rendered by the Supreme Court in its subsequent judgments. The Hon’ble