THE TRANSFER OF DEPARTMENTAL LABOURERS FROM ONE FSD TO ANOTHER MUST BE CARRIED OUT IN ACCORDANCE WITH THE GUIDELINES ISSUED BY FCI AND SHOULD NOT BE ARBITRARY OR UNREASONABLE.

JUDGMENT

Arun Bhansali, J. - This petition has been filed by the petitioners aggrieved by the order dated 30/10/2018 (Annex.7) issued by the respondents, whereby, the petitioners have been transferred from Jodhpur to Udaipur. Further relief has been sought that the respondents be restrained from deploying handling contractor and to consider the pooling of the departmental labourers at FSD Jodhpur as per the guidelines.

2. It is inter alia indicated in the petition that petitioners are departmental workers working in the Food Supply Depot ('FSD') of the Food Corporation of India ('FCI') on the post of 'Sardar', 'Mandal' and handling labour and are involved in handling of bags at the said depot. It is indicated that for the purpose of handling operation of the food grain bags, a structure of gang is made, wherein, a group of around 14 persons make up a team and they work in coordination for lifting/shifting of bags at the depot. The head of the gang is 'Sardar', his deputy is 'Mandal' and rest are handling labourers.

3. Submissions have been made that depots of FCI were notified by the Central Government under Section 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970 ('the Act, 1970') for prohibiting the employment of contract labours in the godowns and depots of FCI. The depots of FCI situated at Jaipur, Swaimadhopur, Doongapur, Banswara, Jodhpur, Barmer, Bhilwara and Ajmer were notified and, therefore, the departmental workers like the petitioners were engaged.

4. Suo moto cognizance was taken of the newspaper report by Bombay High Court and the same was treated as Public Interest Litigation, wherein, the payment being made to the departmental labourers at FCI was considered and by issuing various directions the matter was decided on 20/11/2015. Pursuant to the directions, notification dated 6/7/2016 under Section 31 of the Act, 1970 was issued exempting the godowns, depots and railheads of FCI from applicability of various notifications issued under Section 10 of the Act, 1970. Pursuant to the said exemption, guidelines dated 6/7/2016 (Annex.6) for implementation of notification was issued. Pursuant thereto, the respondents transferred the departmental labourers working at FSD, Barmer & FSD, Srivijaynagar and they were pooled at FSD, Jodhpur in the year 2016. Whereafter, the present impugned order dated 30.10.2018 (Annex.7) has been passed transferring the petitioners from FSD, Jodhpur to FSD, Udaipur, certain departmental labourers have been transferred from FSD, Udaipur to various other FSDs on their own request.

5. It is submitted by learned counsel for the petitioners that the action of the respondents in transferring the petitioners from FSD, Jodhpur to FSD, Udaipur is ex-facie contrary to the guidelines (Annex.6) and spirit of the judgment passed by the Bombay High Court.

6. Submissions have been made that on the one hand the respondents have transferred departmental labourers from FSD, Udaipur to FSD, Gandhi Nagar Jaipur and on the other hand the petitioners have been transferred from FSD, Jodhpur to FSD, Udaipur in the name of 'need based pooling' which is ex-facie contradictory. Submissions have been made that the directions of the Bombay High Court and the guidelines cannot be used as empowering the respondents for transferring the departmental labourers from one FSD to another without any cause and/or de hors the guidelines. Submissions have also been made questioning the pooling sought to be effected by the respondents which, it is claimed, is ex-facie incorrect.

7. Further, with reference to the material filed alongwith the reply to the writ petition it was submitted that the respondents have filed incomplete details and have deliberately only produced material qua one FSD i.e. Jodhpur, depriving the petitioners from placing the factual status in relation to other FSDs and indicate the failure on part of the respondents in taking appropriate decision in this regard and, therefore, the action of the r