MANU/SC/0449/2020

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IN THE SUPREME COURT OF INDIA

Contempt Petition (Civil) No. 404/2019 in Civil Appeal No. 10511/2011, Contempt Petition (Civil) No. 508/2019 in Civil Appeal No. 10511/2011, Contempt Petition (Civil) No. 507/2019 in Civil Appeal No. 10499/2011, Contempt Petition (Civil) No. .../2020 in Civil Appeal No. 10499/2011 (Arising out of Dairy No. 13740/2019), Contempt Petition (Civil) No. 754/2019 in Civil Appeal No. 7961/2014 and Contempt Petition (Civil) No. 1073/2019 in Civil Appeal No. 10499/2011

Decided On: 19.05.2020

Appellants: The Workmen through the Convener FCI Labour Federation Vs. Respondent: Ravuthar Dawood Naseem

Hon'ble Judges/Coram:
A.M. Khanwilkar and Dinesh Maheshwari

JUDGMENT

A.M. Khanwilkar, J.

1. I.A. for permission to file the contempt petition(s) is allowed.

2. These contempt petitions except Contempt Petition (Civil) No. 754/2019 emanate from the common judgment and order of this Court dated 20.8.2018 in Civil Appeal Nos. 10499/2011 and 10511/2011. Contempt Petition (Civil) No. 754/2019, however, arises from a separate judgment and order of this Court on the same subject matter and date (i.e. 20.8.2018) in Civil Appeal No. 7961/2014.

3. The grievance in these petitions is about non-compliance of direction given to the Respondent-Food Corporation of India1 to regularise and departmentalise the concerned workers who had initiated industrial disputes bearing I.D. No. 39/1992 and I.D. No. 55/1993 before the Industrial Tribunal2, Tamil Nadu, Chennai Under Section 10(1)(d) of the Industrial Disputes Act, 19473. The concerned employees were employed at Depots of the Corporation in the Southern Zone of India including the States of Kerala, Andhra Pradesh, Karnataka and Tamil Nadu, as daily- rated labour or casual labour through contract labour cooperative societies or private contractors. They were working in that capacity for quite some time and in some cases, for around 15 to 20 years, and were performing similar work as the regular employees of the Corporation. In I.D. No. 39/1992, following issue was referred to for adjudication:

Whether the action of the management of Food Corporation of India, in denying to regularise 955 contract labourers engaged by management of Food Corporation of India Godown, Avadi through TVK Cooperative Society in respect of names as given in the Annexure is justified? If not to what relief they are entitled to?

In I.D. No. 55/1993, reference was made for adjudication of the following issue:

Whether the services of workmen employed in different Food Storage depots in Food Corporation of India in the South where notifications have been issued prohibiting engagement of contract labourers Under Section 10(1) of CL (R and A) Act are entitled to be regularised and if so, from which date?

During the pendency of these References, an understanding was arrived at between the parties, as recorded in the Minutes of Meeting dated 12.4.1996, the relevant extract whereof is a........