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2018 Supreme(Del) 857

IN THE HIGH COURT OF DELHI AT NEW DELHI
SIDDHARTH MRIDUL, DEEPA SHARMA, JJ.
FOOD CORPORATION OF INDIA HANDLING WORKER UNION - Appellant
Versus
THE CHAIRMAN CUM MANAGING DIRECTOR FOOD CORPORATION OF INDIA - Respondent
LPA 77 of 2018 & C.M. No. 7728 of 2018
Decided On : 22-03-2018

Advocates Appeared:
For the Appellant :Mr. R.M. Sinha, Advocate along with Mr. P.M. Sinha, Advocate.
For the Respondent:Shri Om Prakash, Advocate along with Mr. Pradeep Kumar Tripathi and Mr. Anil Kapoor, Advocates.

Headnote:

Letter Patents Appeal - FCI - Incentives - Recoveries - Interim order - Scope of - FCI was restrained from making recoveries of incentives from their workmen in the Delhi region - Stay of recovery of incentives by the FCI - It did not extend the operation of the injunction to its members throughout the entire country - It would not be prudent to extend the application of the impugned order across India - To restrain the FCI from making recoveries pursuant to the earlier circular as well as modified circular - Appeal is dismissed.

JUDGMENT :

SIDDHARTH MRIDUL, J.

1. The present Letter Patents Appeal under clause 10 of the Letter Patents Act assails an interim order dated 06.02.2018, rendered by a learned Single Judge of this Court in C.M. No.3868/2018 in Writ Petition (C) No.9260/2016 titled as “Food Corporation of India Handling Worker Union v. The Chairman-cum-Managing Director Food Corporation of India” (hereinafter referred to as the ‘subject writ petition’).

2. By way of the impugned order, the learned Single Judge considered it appropriate to allow the prayer made on behalf of the appellant in the said application, limited to the extent that the Food Corporation of India (hereinafter referred to as ‘FCI’) was restrained from making recoveries of incentives from their workmen in the Delhi region pursuant to their circular Nos.8/2016 and 01/2017 dated 17.08.2016 and 17.01.2017, respectively (hereinafter collectively referred to as the ‘subject circulars’).

3. The appellant’s grievance before us is limited to the extent that the learned Single Judge whilst staying the recovery of incentives by the FCI, did not extend the operation of the said injunction to its members throughout the entire country.

4. In this behalf, it would firstly be relevant to note that in relation to the subject dispute before us, a Division Bench of the Hon’ble High Court of Judicature at Bombay, Nagpur Bench, by way of its judgment dated 20.11.2015 in P.I.L. No.84/2014 titled as ‘Court on its own motion v. Union of India and Ors.’, issued the following direction :

“(iv) We also clarify that the respondent/Corporation would be at liberty to implement its policy of change in the Scheme of incentives.”

5. The said judgment dated 20.11.2015 was challenged before the Hon’ble Supreme Court in Special Leave Petition (C) No.19218/2016 titled as “Food Corporation of India Workers Union Regd. No. 8219 through its organizing Secretary v. Union of India through its Secretary”, and the same came to be dismissed vide an order dated 31.07.2017, whilst observing as follows :

“1. We do not see any merit in these special leave petitions, which are hereby dismissed. We make it clear that this order shall not prevent the petitioners – Food Corporation of India Workers Union/Food Corporation of India Shramik Union/FCI Handling Workers Union, to challenge any order, passed in furtherance of the directions issued in the impugned order (dated 20.11.2015), in appropriate proceedings before an appropriate Court.

2. In case, such a challenge is raised by the petitioners, in continuation of the liberty granted to the petitioners, the claim raised by the petitioners shall be considered in accordance with law, uninfluenced by any observations made by the High Court in the impugned order (dated 20.11.2015).”

6. It would further be relevant to note that as recorded in the order of this Court dated 13.12.2017 passed in C.M. No.44791/2017 in W.P. (C) No.8495/2016 titled as ‘Food Corporation of India Workers Union v. Food Corporation of India & Anr.’, it was submitted by counsel appearing on behalf of the workers union before the learned Single Judge that the operation of the said earlier circular dated 17.08.2016 has been stayed by the Hon’ble High Courts of Gujarat, Rajasthan, Calcutta and Gauhati. Further, a submission was made on behalf of the FCI, to the effect, that recoveries are being made not in the terms of the said earlier circular dated 17.08.2016 but in terms of the modified circular dated 17.01.2017. It was further submitted on behalf of the FCI that the modified circular dated 17.01.2017 was issued pursuant to the recommendations of a Committee, the report of which is also pending consideration.

7. In the pleadings before us, further reference has been made to an order dated 11.01.2018 of the High Court of Allahabad, and it has been stated that the modified circular dated 17.01.2017 has been stayed by the said High Court.

8. In order to effectively adjudicate the subject dispute before us, reference may be m






















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