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2023 Supreme(Cal) 1074

RAJA BASU CHOWDHURY
Food Corporation of India – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kamal Kumar Chattopadhyay.
For the Respondents: Mr. D.N. Ray, Mr. Debapriya Gupta, Mr. Samiran Mondal, Mr. Abhinaba Dan, Mr. Nitish Samanta.

JUDGMENT :

Raja Basu Chowdhury, J.

1. The present writ application has been filed, inter alia, challenging the orders dated 19th January, 2022 and 27th December, 2022 passed by the Controlling Authority and the Appellate Authority, under the Payment of Gratuity Act, 1972 (hereinafter referred to as the “said Act”).

2. It is the petitioner’s contention that at all material point of time, the job of handling and transport of food grains and for supply of casual labourers were performed by the handling contractors. The respondent no.4 was originally appointed as contract/casual labourer under the handling contractor under a two-year contract period. According to the petitioner, the respondent no.4 is not its employee and had not been employed in terms of the FCI Staff Regulation, 1971 (hereinafter referred to as the “said Regulation”).

3. Notwithstanding the fact that at all material point of time, the respondent no.4 having been paid through handling contractors, and a dispute having arisen in connection with the disbursal of wages to the respondent no.4, a writ application was filed before this Hon’ble Court. The lis between the parties travelled up to the Hon’ble Supreme Court and fina

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