Back
2010 Supreme(All) 4155
UTTARAKHAND HIGH COURT
B.S.Verma, J.
F.C.I.Mazdoor Sangh through its General Seretary Mohd.Zuber S/o Azizuddin -Appellant
Versus
Union of India and four others -Respondent
Writ Petition No. 2035 of 2010 (M/S)
Decided On : 1-12-2010
The court's decision emphasized the importance of implementing notifications prohibiting contract labor employment and the need for reasoned decisions in employment disputes.
Headnote:
Mandamus - Employment Dispute - The court directed the Chief Managing Director of the Food Corporation of India to consider the representation of the petitioner union and decide on the transfer of workers in accordance with the notification prohibiting the employment of contract labor.
Fact of the Case:
The petitioner sought a writ of mandamus to direct the respondent to implement a notification prohibiting the employment of contract labor and transfer F.C.I. workers to specified depots.
Finding of the Court:
The court directed the Chief Managing Director to decide the representation of the petitioner within four weeks.
Issues: Non-implementation of notification prohibiting contract labor employment and transfer of F.C.I. workers.
Ratio Decidendi: The court emphasized the need for the respondent to consider the petitioner's representation and make a reasoned decision in accordance with the notification.
Final Decision: The writ petition was disposed of with the direction to the Chief Managing Director to decide the representation of the petitioner within four weeks.
Heard Mr. D.S. Patni, Advocate for the petitioner, Mr. V.B.S. Negi, Asstt. A.G. for Union of India and Mr. A.V. Pundir, holding brief of Mr. S.S. Chauhan Advocate for respondents 2 to 5. By means of this writ petition the petitioner has sought a writ in the nature of mandamus directing the respondent no. 2 to implement the mandate contained in Notification dated 23-4-2010 and thereby consider the -members of petitioner union as mentioned in the list annexed as Annexure-1 to the writ petition, who were 'working in Jwalapur Depot. F.C.I., to RoonVe Depot of F.C.I. in» accordance with schedule appended to said notification on the basis of no work no pay and further restrain the respondents not to de-hire the Roorkee Depot of F.C.I.
2. The grievance of the petitioner is that the Ministry of Labour and Employment vide notification dated 23-4-2010 prohibited the employment of contract labour in the work of loading and unloading etc in the go-downs and depots of F.C.I, as specified in the schedule, but the respondents are not implementing the same and transfer the F.C.I, workers to F.C.I. Depots mentioned in the said schedule including Roorkee Depot on the basis of 'non work, no pay'. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner union has made several representations before the respondent No.2 but of no avail. Therefore, the respondent No.2 be directed to decide the representation of the petitioner by a speaking and reasoned order at the earliest. Prayer made is innocuous, 2
3. Therefore, the respondent No.2, Chief Managing Director, Food Corporation of India, is directed to decide the representation of the petitioner by a speaking and reasoned order within four weeks from the date of production of certified copy of this order along with representation to be filed by the petitioner. With the above direction the writ petition is disposed of finally.-
