Back
HIGH COURT OF KERALA
AMIT RAWAL, J
ABDUL RASHEED M.V. – Appellant
Versus
UNION OF INDIA – Respondent
WP(C)/24729/2019
Employment - Contract Labour - Contract Labour (Regulation and Abolition) Act - Section 10 - The court emphasized the binding nature of tribunal awards under the Industrial Disputes Act and ensured equitable treatment of workers for regularization, as mandated by prior judgments and notifications.
Fact of the Case:
Four writ petitions were filed by Ancillary Labourers (ALs) employed by the Food Corporation of India (FCI), seeking regularization from the 'No Work No Pay' (NWNP) system to the Direct Payment System (DPS), citing previous tribunal awards and a Supreme Court decision.
Finding of the Court:
The court found that the FCI's refusal to integrate NWNP workers into the DPS was inconsistent with the tribunal awards and prior judicial directions. The court mandated that all eligible workers, regardless of their employment timeline, should receive benefits under the DPS from the date of the relevant notification.
Issues: Whether the FCI's decision to regularize only certain workers under the Direct Payment System while excluding others employed post-notification under the Contract Labour Act was lawful and equitable.
Ratio Decidendi: The court upheld the proposition that tribunal awards under the Industrial Disputes Act bind all relevant employees concerning employment practices dictated through earlier judgments and must be implemented uniformly by the employer.
Final Decision: Writ petitions allowed; all workers to be regularized under the Direct Payment System effective from the notification date without discrimination.
JUDGMENT
[WP(C) Nos.24723/2019, 24729/2019, 24803/2019, 24998/2019]
This order of mine shall dispose of four writ petitions bearing Nos. 24723 of 2019, 24998 of 2019, 24729 of 2019 and 24803 of 2019 as identical reliefs have been sought in all the cases.
2. All the petitioners are Ancillary Labourers (ALs)
working in the service of the Food Corporation of India (FCI), in food storage depots at Mavelikkara - Alppuzha, Westhill - Kozhikode, Chalakkudy - Thrissur. Initially they entered into service under the contractor or the society as contract labourers and subsequently were inducted under “ no work no pay” (NWNP) with effect from different periods like 01.03.2014, 08.08.2019 and 07.07.2019. Contract workers engaged in various food storage depots raised Industrial Disputes (ID) seeking regularization of services in the Food Corporation of India bearing No.39/1992. An award was passed in the aforementioned ID in the year July, 1998 directing the Corporation to regularize and departmentalize the workers. In view of that, labourers of South India working through society/contractor and NWNP system in various depots of southern region also filed ID.No.55/1993 claiming identical relief. The same award was passed. For implementation of the award rendered in I.D.No.55/1993, O.P. bearing No.14360/1999 in respect of the depots of Mavelikkara, Chalakkudy and West-Hill was preferred. The Single Bench of this Court vide judgment dated 22.09.2009 directed the respondents to implement the award in I.D.No.55/1993. It is pertinent to mention here that in the mean time, the notification dated 12.11.2001 under Section 10 of the Contract and Labourer (Regulation and Abolition) Act was issued prohibiting the employment of the contract labourers.
3. The judgment of the Single bench was challenged before this Court in W.A.No.2491/2009 . Vide judgment dated 15.02.2010, the Division Bench upheld the finding of the Single Bench and extended the benefit of the award to all the workman who were employed in the establishment or part of the establishment taking into consideration the provisions of Section 18 (3) (d) of the Industrial Dispute Act.
4. The order of the Division Bench was challenged before Supreme Court in Civil Appeal No.10530/2011 . It was dismissed vide judgment dated 20.08.2018.
5. Sri.Rajesh Mohan Sinha, learned counsel appearing on behalf of the petitioners submitted that the induction of the workers working under the NWNP system in various food storage departments into direct payment system was not in tune with the award of the industrial Tribunal which was subsequently affirmed by the Supreme Court ordering regularization and departmentalization of the contract labourers including the laboures working under NWNP system. Divisional Manager of Food Corporation of India, Divisional Office, Alappuzha on verification of the records recommended the regularization of the labourers ie., all the petitioners into Direct Payment System (DPS) with effect from the date of the issue of the order as the cases of Ancillary Labourers was shown against the headquarter norms as they were working under NWNP scheme, thus sought indulgence of this Court for regularization and departmentalization irrespective of the fact that they were included in the NWNP system or not and declare that the petitioners to be included in the DPS system.
6. On the other hand, learned counsel appearing on behalf of the Food Corporation of India opposed the prayer and submitted that as per the records available in the office namely attendance register, EPF remittance slips, petitioners had been working under different food depots, were registered workers of the society/contractor and had entered into service under NWNP system. Proceedings were initiated by the higher officers against the erring officers owing to the excess inductions. On scrutiny of the records it was revealed that the three petitioners were junior among 19 Ancillary Labourers. As per the communication dated Ext.R4(b
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
