Civil Appeal no. 10511/2011
Section 10(10) (d) of the Industrial Dispute Act, 1947
The appellants are the workers employed at the Depots of the Corporation in the Southern Zone of India including the state of Kerala, Andhra Pradesh, Karnataka and Tamil Nadu. They were working as daily rated labour at FCI (Respondent) from last 15-20 years and were performing the same duty as permanent workers. They filed ID No.39/1992 to regularize their contract but during the pendency of the issue understanding arrived between the parties and it was decided that the proposal of Departmentalization will be sent to the Government and till then Direct Payment System will continue. After due consideration of the rival submissions,the Tribunal on 19.12.1997 decided that the labour must be regularized.Aggrieved by which, Writ Petition was filed Before the HC of Judicature at Madras which was dismissed on the grounds that the awards passed by the Tribunal were just and proper. Then the corporation carried the matter before the division Bench of the Madras High Court, there also the WP was dismissed and the impugned order of the HC was upheld. Then the FCI filed SLP before the SC, which were converted into Civil Appeals No. 10499/2011 and 10511/2011 and both were dismissed by the Apex Court. Despite the dismissal of the Appeals and the confirmations of the award passed by the Tribunal including the writ issued by the Kerala HC to implement the award, the respondent corporation took no initiative, which prompted the contempt petitioners to approach the court for initiating contempt action against the respondent Corporation and its affairs.
It was observed that no specific direction has been given to the corporation to regularize the concerned workmen only in the Departmental Labour System. Furthermore, the Departmental Labour System is now a dying cadre and the policy of the corporation at the particular time entailed regularization only under the Direct Payment System.
It was held that no case for initiating contempt action against the respondents Corporation and its officers has been made out. Accordingly, these petitions fail and are dismissed.
Article 25 and 26 of the Indian Constitution