The court established that failure to regularize long-serving casual workers constituted an unfair labor practice, violating their constitutional right to fair employment and necessitating recognition of their rights and entitlements under labor laws.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. BK Singh, the learned counsel appearing on behalf of the Food Corporation of India. Mr. B Pathak, the learned counsel appears on behalf of the Workmen.

2. Each of the parties i.e. the Food Corporation of India (for short, the FCI) as well as the Workmen have filed respective writ petitions assailing the impugned Award dated 09.12.2019 passed in Reference Case No.1/2018.

3. FCI is the writ petitioner in WP(C)No.2429/2020 whereby the Award dated 09.12.2019 passed in Reference Case No.1/2018 is assailed on the ground that the FCI was directed to pay the bonus to the Workmen involved in the Reference proceedings w.e.f. the year 2003 as per the applicable rates till the date of the Award and with a further direction that the payment of the bonus shall also continue thereafter till such date, the concerned workers are in employment of the Management.

4. The Workmen are the writ petitioners in WP(C)No.2092/2021 and they are aggrieved by the Award dated 09.12.2019 passed in Reference Case No.1/2018 on the ground that their case for regularization of their employment was rejected by the learned Industrial Tribunal-cum-Labour Court, Guwahati vide the impugned Award.

5. Before proceeding to adjudicate upon the respective issues raised in both the writ petitions, this Court finds it relevant to take note of the material facts which led to the filing of both the writ petitions.

6. It is the case of the Workmen, who are the petitioners in WP(C)No.2092/2021 that they have been rendering services in the establishment of the FCI on regular basis as casual workers. In the Claim Statement so filed by the Workmen, the details are provided at paragraph No.3(e) of the Claim Petition. The chart so provided in the said paragraph is reproduced hereinunder:

7. From the above-quoted chart, it is seen that all the six Workmen were engaged by the FCI sometime in the year 1982 to 1984. The materials on record further reveal that the FCI took steps for regularization of its casual employees and in that regard had issued a Circular dated 06.05.1987, wherein it was mentioned that those casual/daily rated workers who have completed 3(three) months period on 02.05.1986 and fulfilled the conditions prescribed for any entry level Category-III and IV would be regularized.

8. It is the case of the Workmen that though large numbers of casual workers were regularized, but many of them were also left out including the Workmen, though they were qualified to be regularized. Subsequent thereto, another Circular was issued bearing Circular No.38/1996 dated 09.09.1996 wherein also the FCI took a decision to regularize all casual/daily rated employees who had continuously worked for more than 3(three) months on the cut-off date i.e. 02.05.1986 and fulfilled the conditions prescribed in the E.P. Section confidential letter No.EP.1(4)/85-Vol II, dated 06.05.1987. It was also mentioned in the said Circular that casual/ daily rated employees engaged on or after 02.05.1