Food Corpn. of India Workers' Union vs Food Corpn. of India

1. Pursuant to our earlier order dated November 11, 1999 a moot question regarding identification of 177 eligible workmen was entrusted to Justice Bhagabati Prosad Banerjee, retired Judge of the Calcutta High Court. The learned Judge, after hearing the parties concerned and after undertaking a marathon exercise spread over three months by camping at the site at Siliguri and by even going to the houses of the claimants concerned, has given his report dated February 24, 2000. We appreciate the task undertaken by him. Copies of the report have been seen by learned counsel for the parties in these proceedings. The report shows that out of 177 claimants whose identification was to be done, some of them already absorbed are listed at p. 2 of the report. 19 persons were found to be dead and ultimately according to the report 23 person listed at p. 6 of the report were duly identified and found to be eligible for absorption. In o(sic) order of November 1, 1999 it was made cle(sic) that once this exercise is completed and t(sic) report is submitted to this Court, it will treated as final. We accept the said report Consequently, the aforesaid report has to treated as final and binding on the parties before us. Under these circumstances, the on direction which can now be issued to the Fo(sic) Corporation of India (FCI) is that the listed eligible persons, whose names are given at 6 of the report at Serial Nos. 1 to 23 shall treated to have been absorbed in the service FCI with effect from July 21, 1975 as per (sic) order of this Court in Civil Appeal No. 91 of 1996 on July 16, 1996 in Food Corporation of India Workers' Union v. Food Corporation of India ; and also as per the earlier judgment of this Court in Civil Appeal No. 1055 of 1981 dated February 28, 1985 Workmen v. Food Corporation of India . It is obvious that out of these 23 persons, if any of them, after such retrospective absorption pursuant to the present order, have already reached the age of superannuation, they have to be given all superannuation benefits and till they reached that age of superannuation, back wages as directed earlier by this Court in Civil Appeal No, 9182 of 1996 on July 16, 1996 Food Corporation of India worker's union v. Food Corporation of India (supra), shall be made available to them. If, on the other hand, any of the 23 listed eligible workmen on absorption from July 21, 1975 are still found eligible to continue in service and have not reached the age of superannuation in the meantime, shall also be paid bck wages till actual reinstatement as directed by this Court by order dated July 16, 1996 Food Corporation of India Workers Union v. Food Corporation of India (supra).

2. The entire exercise of reinstatement, absorption and back wages and superannuation benefits, if any payable to these 23 workmen may be completed within eight weeks from today.

3. It is made clear that the present order puts to an end the controversy about absorption, of all the workmen as per earlier order of February 28, 1985 Workmen v. Food Corporation of India (supra) and latter order of 5 July 16, 1996 Food Corporation of India Workers' Union v. Food Corporation of India (supra). This simmering controversy shall be treated to be finally resolved

4. IAs are disposed of accordingly.

5. No Costs.