JUDGEMENT
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(1.)Petitioner-appellants who are 64 in number are before this Court, assailing the validity of the order dated 10.03.2017 passed by the learned Single Judge in Civil Misc. Writ Petition No. 9379 of 2017 (Ram Bali Singh and 63 others Vs. State of U.P. and others) wherein learned Single Judge has proceeded to negate the challenge so made against the order passed terminating their services as workman, working with Food Corporation of India.
(2.)Brief facts of the case in brief are that the Food Corporation of India has various warehouses. One such warehouse is at Kosi Kala, District Mathura wherein petitioner-appellants claim to have been performing and discharging their duties. Mention has been made that for carrying out work at Kosi Kala,District Mathura practise that has been prevailing was that labours were engaged through contractors and said practise in question had been prevailing since several year and ultimately in 1994, the contract labour system was abolished in that particular unit leading to dispute raised by the various labours Union to the effect that all those labours who have been performing their duty on contract basis should be re-employed by the Food Corporation of India under direct payment system and be regularised with the Food Corporation of India. In this direction, it appears that bipartite settlement dated 16.05.1994 was entered resulting into final Memorandum of Settlement in between FCI as well as F.C.I. Workers Union to re-employee 250 workers on 28.06.1995, and in this direction the Union was endeavouring that the list submitted by them of such workman, working on contract basis be accepted. In this regard exercise was required to be undertaken to identify genuine labourers employed by earlier contractor, for the purposes of being offered appointment. As there has been serious issue on the said score, and there has been no consensus arrived at upon the list so prepared by the Food Corporation of India, list of labourers had been prepared. Said list has been subjected to challenge in writ petition being Civil Misc. Writ Petition No. 22652 of 1998 by F.C.I. Mazdoor Sangh. Said writ petition was finally decided by this Court vide judgement dated 09.09.1998 asking the Assistant Labour Commissioner (Central), Kanpur to enquire into the genuineness of the labours, who were actually engaged with the Food Corporation of India on contract basis after considering the claim of all concerned. Said order has been subjected to challenge in various Appeals, leading one being Special Appeal No 873 of 1998 and Division Bench of this Court while hearing the bunch of writ petitions, refrained themselves from interfering with the judgement of learned Single and re-affirmed the view taken by the learned Judge asking the parties to appear before the Assistant Labour Commissioner with regard to genuineness of labours, who were actually working on contract basis earlier under the contract system. The period of appearance before the Assistant Labour Commissioner were extended on 30.11.2006. Pursuant to the aforesaid judgement in question, Assistant Labour Commissioner finalised the list of 166 genuine labourers who were earlier engaged on contract basis vide order dated 20.06.2007 and mention has been made that only those labours were genuine labours, who were employed with Food Corporation of India on contract basis.
(3.)There has been claim and counter claim, as initially list in question was settled for 316 and ultimately on negotiation being made the workers Union arrived at a number of 250. Out of 250, 210 were handling labours and 40 ancillary labours. Assistant Labour Commissioner based on inquiry conducted by him, concluded that these 166 Labours alone were genuine labours.
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