The High Court ruled that the CGIT has jurisdiction to appoint a commissioner for verifying workmen's entitlements to benefits under an award, clarifying that this falls within the scope of computing monetary benefits under Section 33C(3) of the ID Act.

JUDGMENT (Oral)

1. This petition, under Article 227 of the Constitution of India, assails order dated 22nd February, 2022, passed by the learned Central Government Industrial Tribunal (CGIT) in LCA 02/2019, under Section 33C(3) of the Industrial Tribunal Act, 1947 ("the ID Act") read with Rule 63 of the Industrial Disputes Central Rule, 1957 ("the ID Rules").

2. A brief history of the dispute is necessary.

3. The services of 200 workmen, engaged with the Jwalapur Depot of the Food Corporation of India ("the FCI"), were discontinued. The workmen raised an industrial dispute. The dispute was referred to the Industrial Tribunal, by the Ministry of Labour & Employment, on 8th June 2006. The terms of the reference read thus:

"Whether the demand of Food Corporation of India Shramik Sangh Uttaranchal is just and legal to declare that the workers Shri Rajbir Singh, S/o Shri Hodil Singh and 199 others were employed at Food Corporation of India Depot, Jwalapur since 1996-97 continuously and were also engaged by the management of Jwalapur under Direct Payment System during the period 10.07.2003 to 28.10.2004 and thereafter their discontinuation/termination from service by the management of FCI in violation of Section 25(O) of the ID Act, 1947 it is illegal and unjustified? If so, to what relief the concerned workmen are entitled to"

4. The reference was adjudicated by the learned CGIT vide Award dated 29th February, 2016 in the ID Case No. 192/2011.

5. Para 45 of the Award, which constitutes the operative portion thereof, reads thus:

"As a sequel to my discussion made hereinabove, it is held that the workmen herein Shri Rajbir Singh and 199 others were employed by Food Corporation of India Depot at Jawalapur and they have not received their salary/wages for the period from 10.07.2003 to 28.10.2004 under direct payment system and thereafter their discontinuation/termination from service is also held to be illegal and justified as the same is in violation of provisions of Section 25(O) of the ID Act. Since the Depot at Jawalapur is stated to be closed since 2004, as such, FCI would be at liberty to engage the workmen herein willing to work at a nearby place like Rourkee, Shrinagar, Haridwar etc. as the management thinks fit. An award is accordingly passed. Let this award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for publication."

6. The aforesaid award dated 29th February, 2016 of the learned CGIT was assailed by the FCI before the High Court of Uttarakhand by way of WP (MS) No. 1469/2016. This petition was dismissed by the High Court of Uttarakhand vide order dated 28th October, 2016. The FCI applied for review of the said decision vide MCC No. 853/2016, which was also dismissed by the High Court of Uttarakhand vide order dated 19th December, 2016. FCI carried the matter further to the Supreme Court by way of SLP (C) No. 9778/2017, which was dismissed, in limine, by the Supreme Court vide the following order dated 3rd April, 2017:

"Upon hearing the counsel the court made the following

ORDER

Delay condoned.

We do not find any merit in these petitions. The special leave petitions are, accordingly, dismissed.

Pending applications, if any, stand disposed of."

7. FCI, thereafter, started an exercise of verification of the workmen to whom benefits were to be given in terms of the aforesaid award dated 29th February, 2016 of the learned CGIT. T