2019 Supreme(Del) 477
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANU MALHOTRA, J.
Food Corporation of India Workers Union - Appellant
Versus
Food Corporation of India and Another - Respondent
Writ Petition (Civil) No. 8495, 9260, 37694 & 9412 of 2016; Civil Miscellaneous No. 8560, 7216 & 30264 of 2017; 30263, 44270, 37406, 51106 & 51107 of 2018; 148, 4084 & 4083 of 2019
Decided on : 16-05-2019
Advocate Appeared:
Arvind Nayar, Adv., Sushant Kumar, Adv., Om Prakash, Adv., Y.P. Rao, Adv., Pranav Subramanyam, Adv., Arzoo Raj, Adv., Pradeep Kumat Tripathi, Adv., Anil Kapoor, Adv., Colin Gonsalves, Adv., Ali Qambar Zaidi, Adv., Anirudh Sharma, Adv., Abhaid Parikh, Adv.
ANU MALHOTRA, J.
1. The petitioners of all the petitions bearing No. W.P.(C) No. 8495/2016, W.P.(C) No. 9260/2016 and W.P.(C) No. 9412/2016, i.e., FOOD CORPORATION OF INDIA WORKERS UNION, FOOD CORPORATION OF INDIA HANDLING WORKERS UNION and FOOD CORPORATION OF INDIA SHRAMIK UNION substantially assail the award dated 5.7.2016 of the learned Presiding Officer, CGIT-cum-Labour, Court-I, Karkardooma, Delhi in I.D. No. 195/2011, and consequently seek a restraint against giving of any effect to the said award dated 5.7.2016 published on 11.7.2016, as also to the circulars dated 15.12.2005, 20.2.2016 and 17.8.2016 as issued by the respondent, the Food Corporation of India.
2. As put forth on behalf of the parties to the petitions, the respondent No.1 entered into a bipartite settlement under Section 18(1) of the Industrial Disputes Act, 1947 and Rule 58 of the Industrial Disputes (Central) Rules, 1957 which was between the respondent No.1 management and the Food Corporation of India Workers Union dated 13.3.1999, vide which the revision of Incentive schemes w.e.f. 1975 were considered and it had been agreed between the parties as under:-
“REVISION OF PIECE-RATE INCENTIVE SCHEME IN RESPECT OF DEPARTMENTAL WORKERS.
It was agreed that existing norm of 90 bags per day per worker for determining the labour strength etc. would continue while considering the demand for revision of datum for the purpose of the incentive place-rate scheme in respect of departmental workers. Accordingly a mutually agreed incentive scheme placed at Annexure-‘A’ will be implemented w.e.f. ___-4-1998. With regard to the demand of the Union for lumpsum grant in lieu of incentive payment on the ground that the scheme was liable to be implemented from the year 1975, it was agreed that both the Management and the Union would abide by the final decision in the pending litigation.”
Annexure ‘A’ as detailed in the said terms qua the incentive schemes reads to the effect:
“INCENTIVE SCHEME
I.
HANDLING NORM;
Bags below 66KG.
Bags above 66KG.
Unloading from truck and stacking inside godown.
105
70
Unloading from wagon and stacking inside godown
90
60
Unloading from wagon and Dumping on platform
134
90
Stacking inside godown, Removing the bags dumped.
140
90
Destacking in godown Loading into trucks.
110
70
Destacking into godowns And loading into wagons
94
60
Unloading from wagons and loading into trucks
67
60
Standardisation/Rebagging/Filling bags with loose grain Including weighment.
42
35
Salvaging of damaged foodgrains Including weighment
30
20
Breaking stack and restacking
140
90
Weighment
62
60
ABOVE NORM (ABOVE 66 Kg.)
First 20 bags
Full wages + 8% extra of full wages.
Next 20 bags
Full wages + 15% extra of full wages.
Next 20 bags
Full wages + 35% extra of full wages.
Beyond 60 bags
Full wages + 50% extra of full wages.
BELOW NORM (BELOW 66 Kg.)
First 30 bags
Full wages + 8% extra of full wages.
Next 30 bags
Full wages + 15% extra of full wages.
Next 30 bags
Full wages + 35% extra of full wages.
Beyond 90 bags
Full wages + 50% extra of full wages.
II.
HEIGHT NORM
8 HIGH (ABOVE NORM)
(ABOVE 66 KG)
9 to 10 High
10% of Full wages
(Full Wages means Pay +DA+ HRA)
11 to 12 High
25% of Full wages
13 to 14 High
30% of Full wages
15 to 16 High
40% of Full wages
17 and Above High
50% of full wages
HEIGHT NORM
(BELOW 66 KG)
11 to 12 High
10% of Full wages
(Full Wages means Pay +DA+ HRA)
13 to 14 High
25% of Full wages
15 to 16 High
30% of Full wages
17 to 18 High
40% of Full wages
19 and Above High
50% of full wages
III.
LEA