9911796707
TMI Blog1996 (7) TMI 580X X X X Extracts X X X X X X X X Extracts X X X X ..... atutory Corporation established for the purpose of trading in foodgrains and other food stuffs and for matters connected therewith and incidental thereto. It undertakes purchase, storage, movement, transport, distribution and sale of foodgrains and other food stuffs. The Corporation has set up its godowns/depots and other storage facilities. Labour is engaged at different stages in the various Depots for handling, storage and transit of foodgrains and other food stuffs. The Corporation is functioning through various offices and depots through out India. It seems that the Corporation adopted different methods at different places for employing labour for handling foodgrains. We are concerned in this case with one such Depot set up by the Corporation at Siliguri in West Bengal State. It is stated that at the relevant time, 464 workmen designated as Handling Majdoors were attached to the said Depot. Initially, a contractor was engaged by the Corporation for handling, storage and transit of foodgrains at Siliguri Depots. Subsequently, the procedure of direct payment to labourers was followed by the Corporation. The workmen at its Siliguri Depot went on strike in about January 1975, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 47. Viewed from either angle, the action of introducing so as to displace the contract of service between the Corporation and the workmen would be illegal and invalid and ab initio void and such action would not alter, change or have any effect on the status of the afore-mentioned 464 workmen who had become the workmen of the Corporation. (pp. 101 - 102 Main Paperbook) an award be made that the afore mentioned 464 workmen who had become the workmen of the Corporation continued to be the workmen employed by the Corporation and shall be entitled to all the rights, liabilities, obligations and duties as prescribed for the workmen by the Corporation. A formal award to that effect shall be made by the Tribunal. (p. 107 main paperbook) (emphasis supplied) As it was stated before this Court that these workmen continued to be employed, undoubtedly under the contractor since the illegal change was introduced, the question of paying back wages does not arise. The Tribunal however must satisfy itself before making the final award whether any workman was denied work and consequently wages. (pp. 107-108 Main Paperbook) (emphasis supplied) (pages 83 to 108 - Main Paperbook contai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l not be taken within the fold of 464 workmen dealt with in the above mentioned two appeals of this Court. It should be stated again that out of 464 workmen dealt with the judgment in C.A. No. 1055 (NL)/81 dated 28.2.1985, the Corporation had no dispute with regard to 203 persons; and so, it appears, the dispute centered around 261 persons only; and perhaps it is in this context, only the cases of 287 workmen who came forward to prove their identity, as having been included in the total '464' were considered by the Tribunal in its order dated 5.11.1993. 7. The Special Leave Petition came up before this Court on more than one occasion. The counsel for the Corporation fairly stated that he shall contact the Corporation and assist this Court to settle the problem in an amicable way. The counsel appearing for the parties were also heard at some length and this Court was taken through the rather voluminous order of the Presiding Officer, Central Government Industrial Tribunal, which is assailed herein. This will be evidence from a perusal of the earlier orders dated 20.3.1995 and 3.4.1995. But, no satisfactory solution could be arrived at to solve the problem amicably. 8. We w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9. We would like to highlight a few facts. It is the Food Corporation of India Workers Union, the appellant herein, who was a party in the earlier proceedings which resulted in the decision of this Court in C.A. No. 1055(NL)/81 and also C.A. No. 155/90. The appellant claims to be a recognised trade Union. The first respondent - management, stated that the appellant was a recognised Union till 1984 and not thereafter, since no recognition was given to Union dealing with contract labour. It is so stated in the additional affidavit filed by the first respondent dated 17.7.1995. The appellant has filed an affidavit in reply dated 18.7.1995. It has asserted that it is the only relevant trade Union, representing the handling and loading unloading Mazdoors, contract labour, direct payment or departmental employees employed by the first respondent in the whole of India. The appellant has been representing the above mentioned workers for more than three decades. It also appears from the papers filed by the appellant that at various stages negotiations were carried on between the appellant Union and respondent. So it cannot be said that the petitioner is not a valid or recognised Trade Union ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 4.5.1995, at least regarding two persons who were present in Court and whose identity could not and was not disputed with reference to their photographs and xerox copies of the Identity cards, signatures therein etc. (though illustrative) points out the palpably erroneous conclusion of the Tribunal that "none" of the 287 persons, who claimed to be included in the list of "464" were able to establish that they were employees of the Siliguri Depot of the Food Corporation of India at the relevant time. We are of the view that this Court in C.A. No. 155/90 by order dated 17.1.1990, only directed the Tribunal to examine the identification of 464 workmen, including 203 persons in respect of whom there was no dispute from the Management. There was no direction nor was any need to find out whether the said workmen mentioned in the list attached to the written statement filed by the appellant dated 7.7.1978 worked for the Corporation at the relevant time and that matter was settled by the judgment of this Court dated 28.2.85 rendered in C.A. No. 1055(NL)/81. On the question as to whether the identification directed by this Court vide judgment dated 17.1.1990 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of workmen engaged in handling foodgrains at the Siliguri Depot will be mustered in a Register and his daily out-turn will be specified. And further the payment will be made by piece rate and bill will be prepared setting out the names of the workmen and the out-turn of each, by the Depot Staff who are regular employees of the Corporation; and the payment will be made by the Corporation and the same will be distributed to each workman according to the piece rate, and the bills with the acquittance in original would be filed with the Corporation. This Court also observed that the work rendered by each workman had to be entered in the muster roll register and each workman is required to be a party to the acquittance roll to be retained by the Corporation. Such registers, which should be available with the Corporation, were not even produced before the Tribunal. The first respondent Corporation could have demonstrated that the presumption flowing from the various identity cards, issued by it, permit slips, ration cards and the certificates issued by the Commissioner of Panchayats produced by the workmen, did not relate to either the 464 workmen or any of them, and who were mentione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t; or proved "beyond reasonable doubt". This approach was also wrong. The only question was whether on weighing the probabilities, the materials placed by the petitioner was acceptable or rendered probable. The Tribunal has considered at length the minute particulars in the case, in the light of the requirements of the Evidence Act and has made much of the minor lapses in evaluating the probabilities. There are vague generalisations and an unreal or impractical approach to the materials available before it. Even where the predecessor has found resemblance in the signatures of the identity cards with other records, the later Tribunal has discarded them. The Tribunal has categorised the identity cards as falling under four groups - 'no resemblance', 'some resemblance', 'little resemblance' and 'clear resemblance' - based on no clear guidelines or principles and has based the conclusion at its ipse dixit. To crown all this, the Tribunal has totally failed to note that the Management has no explanation, regarding workmen other than "203 admitted by it, and it did not produce any person bearing the name in the list of "464" nor di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n (List filed along with the written statement dt. 7.7.1978). 1.7. In disposing of C.A. No. 1055(NL)/81 by Judgment dated 28.2.1985, this Court did not award any backwages. The only direction given was that the Tribunal must satisfy whether any of the workmen was denied work and consequently it resulted in loss of wages. We direct that such of those persons, who are properly identified as coming within the list in the manner stated hereinabove, shall be reinstated in service forthwith. We are also satisfied, on an overall view of the matter, that the 1st respondent Corporation - an instrumentality of the State - has unnecessarily delayed the final disposal of the entire proceedings. If one expected a "fair and impartial" deal from the 1st respondent, he would feel disappointed. We are constrained to say so, on the facts of this case. So, we further direct that such of those persons reinstated after identification, as indicated above, shall also be paid back wages calculated at 70% of the "normal earnings", from the date of the expiry of the period specified in C.A. No. 1.55/90, i.e. , 17.4.1990, till they are reinstated. It is ordered accordingly. We, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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