Rajiv Sharma, J.

1. This petition is directed against the award dated 29.02.2016 passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, in Industrial Dispute No.192/2011, General Secretary, Food Corporation of India, Shramik Sangh Vs. Regional Manager, Food Corporation of India.

2. Key facts, necessary for adjudication of the petition, are that the members of the respondent-Union raised a industrial dispute before the Assistant Labour Commissioner. The following reference was made by the Ministry of Labour :-

“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 the Food Corporation of India Depot, Jwalapur since 1996-97 continuously and were also engaged by the management of FCI Jwalapur under Direct Payment System during the period 10.07.2003 to 28.10.2004 and thereafter their discontinuance/termination from service by the management of FCI in violation of section 25(O) of the ID Act, 1947 is illegal and unjustified? If so, to what relief the concerned workmen are entitled to?”

3. The Union filed a claim petition. According to the averments made in the claim petition, Jwalapur Go-down came under the definition of factory, being an Industrial Establishment, as more than one lakh workers are engaged and in Jwalapur Depot, more than 200 workers were employed. Thus, without adopting the procedure prescribed under Section 25 (O) of I.D. Act, the closure was not permissible. The alleged contract system was sham, show and camouflage. The members of the respondent-Union have directly worked under the control of the Food Corporation of India. The wages for the period w.e.f. 10.07.2003 to 28.10.2004 have been withheld. In the show-cause notice, their conditions of service were changed to their detriment to the issue of work. The stoppage of work also amounted to illegal retrenchment and violative of Sections 25-N & M of Industrial Dispute Act.

4. The employer/management filed reply to the claim petition. According to the averments made in the reply, the claim was filed with mala fide intention. The services of the labourers were hired by the Corporation/FCI through the agency, on contract basis, as per the provision of the Contract Labour (Regulation & Abolition) Act, 1970. There is no question of termination of services of the labourers by the F.C.I., as their services were hired through an Agency on contract basis. The Presiding Officer, Industrial Tribunal-cum-Labour Court made the award on 29.02.2016.

5. The case of the petitioners is that the members of the respondents-Union were never employed by the Food Corporation of India directly. They were employed by some contractor. The earlier awards passed in the I.D. No. 10 of 2006 and I.D. No. 69 of 2008 have not been taken into consideration in the award dated 29.02.2016. The workmen have not completed 240 days in a block of 12 Calendar months. Ms. Shipra Shukla, Advocate could not be appointed as Commissioner.

6. Mr. M.C. Pant, learned Senior Counsel appearing for the petitioner has supported the award dated 29.02.2016.

7. I have heard learned counsel for the parties and perused the record carefully.

8. Sri Rajbir Singh was examined as WWI. Sri Rajbir Singh, in his affidavit, has supported the averments made in the claim petition. The gist of his statement is that the workmen were directly employed by the Employer-FCI since 1996-97 and they were not paid the wages under the direct payment system for the period 10.07.2003 to 28.10.2004. Statement of WW1 Rajveer Singh has duly been corroborated by the statement of WW2 Saroj Singh. According to him, workmen were engaged in the work of loading and unloading at Jwalapur Depot. He has proved the Registration Certificate of the Union. He has proved various letters written by the officials of the FCI to the Senior Regional Manager as well as WWI Rajbir Singh regarding