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2021 Supreme(All) 1144

SIDDHARTHA VARMA
Food Corporation Of India – Appellant
Versus
Deputy Chief Labour Commissioner – Respondent


Advocates Appeared:
For The Petitioner:Vijay Kumar Dixit,Sr. Advocate
For The Respondent: A.S.G.I.,Gaya Prasad Singh,Shri Krishna Mishra

JUDGMENT :

1. This writ petition has been filed for the quashing of the judgement and order dated 9.7.2017 passed by the respondent no. 1.

2. The respondent no. 2 had filed before the respondent no.1 an application under Rule 25(2)(v)(a)&(b) of the Contract Labour (Regulation and Abolition) Rules, 1971, with regard to 40 workers working in the FSD Basti under the District Area Manager, Gorakhpur. The request was with regard to the payment of wages to the 40 workers which according to the respondent no. 2 ought to have been similar to the wages which were being paid to workers who were working for the Food Corporation of India, FSD Basti (hereinafter called ‘the FCI). The application which was filed by the respondent no. 2 on 5.11.2018 was filed with an allegation that the Union i.e. the respondent no. 2 was functioning in the FCI and watching the interest of its workers working in the FCI employed directly or through contract labour system. It had been stated in the application that the union had espoused the cause of its members who were working in the depot at Basti for the last several years and therefore they were praying for pay parity for the casual workers with the pay which w

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