FOOD CORPORATION OF INDIA versus SANKAR GHOSH & ORS.

Citation: [2015] 8 S.C.R. 345 · Decided: 08-07-2015 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off
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Judgment (excerpt)

[2015] 8 S.C.R. 345 
FOOD CORPORATION OF INDIA 
. v. 
SANKAR GHOSH & ORS. 
(Civil Appeal No. 5079 of 2015) 
JULY8,2015 
[T.S. THAKUR, R.K. AGRAWAL AND 
R. BANUMATHI, JJ.] 
Labour Jaw - Regularisation of casual labourers -
Direction by High Court to the employer to consider the claim 
of the respondent-labourers for regularization of their setVices 
A 
B 
c 
by treating them as casual employees appointed in an 
irregular manner and to absorb them in available vacant post o 
- On appeal, in view of rival contentions, direction to the 
parties to furnish certain details - Held: In view of the fresh 
material adduced by the parties, matter remitted to High 
Court to consider the matter afresh in the light of the fresh 
material. 
E 
Disposing of the appeal, remitting it back to High 
Court, the Court 
HELD: Without expressing any opinion on the merits F 
of the matter, the impugned order of the High Court is 
set aside and the matter is remitted back to the High Court 
for consideration of the matter afresh in the light of the 
fresh material adduced by the parties. The Division 
Bench of the High Court shall afford an opportunity to G 
both the parties and consider the matter afresh in 
accordance with law. [para 9) [351-E] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 
345 
H 
346 
SUPREME COURT REPORTS 
[2015) 8 S.C.R. 
A 
5079 of 2015 
B 
c 
From the Judgment and Orderdated 16.09.2011 in F.M.A. 
No.1172/2010ofthe HighCourtofCalcutta 
Y. Prabhakara Rao for the Appellant. 
Pijush K. Roy, Kakali Roy, Mithilesh Kumar Singh forthe 
Respondents. 
The Judgment of the Court was delivered by 
R. BANUMATHI, J. 1. Leave granted. 
2. This appeal has been filed by the appellant-Food 
Corporation of India challenging the judgment and order dated 
0 
16.09.2011 of the High Court of Calcutta in F.M.A. No.1172 of 
2010, in and by which, direction has been given to the 
appellant-Corporation to consider the claim of respondent 
Nos.1 to 12 for regularization of their services by treating them 
as casual employees appointed in an irregular manner and 
E granting liberty to the appellant-Corporation to absorb the said 
respondents in any available vacant posts. 
3. Brief facts of the case are that the Food Corporation of 
India (FCI) awarded contract to the Food Handling Co-
operative Society in the year 1982 for execution of various 
F operational works in its depots at C.S.D. Dubguri and Siliguri. 
The Food Handling Co-operative Society executed the works 
for two years from 10.11.1982 to 09.11.1984 and then 
continued to work up to 30.04.1995. The respondents took 
G part in such operational works as 'Analyser', 'Picker' and 
'Dusting Operators' from 01.01.1983. There was a dispute 
with regard to mode of engagement of respondents in the 
aforesaid posts. According to the FCI, the respondents worked 
under the above contractor. However, respondents claimed 
H 
FCI v. SANKAR GHOSH & ORS. 
[R. BANUMATHI, J.] 
347 
that they were engaged directly by FCI as casual workers. The A 
respondents raised an industrial dispute and the same was 
referred to Central Government Industrial Tribunal, Calcutta by 
the Government of India, Ministry of Labour on 15.09.1994. 
The Central Government Industrial Tribunal at Calcutta in 
Reference No.31/1994 vide its award dated 06.10.1997 B 
directed FCI to regularize the respondents in the post of 
Dusting Operators with effect from 09.01.1983 on the basis 
of doctrine of 'equal pay for equal work'. Aggrieved by the 
same, the appellant filed writ petition being Writ Petition 
· No.16519(W)/98 challenging the said award dated 06.10.1997 C 
and the same was dismissed by the single Judge of the High 
Court of Calcutta vide Order dated 20.11.1998. Being 
aggrieved, the appellant-FCI preferred appeal being M.A.T. 
No.4130/1998. By an interim order dated 22.03.1999, the 0 
Division Bench of the High Court directed the appellant-
Corporation to engage the respondents subject to the result 
of the appeal in M.A.T. No.4130/1998. On 23.04.2004, the 
appeal was allowed and the impugned award dated 6.10.1997 
was set aside. Consequent thereupon, the services of the E 
respondents were disengaged by FCI on and· from 
18.05.2004. 
4. Contention of the appellant-Corporation is that the 
respondents are merely contractual labourers and were not F 
engaged in accordance with any of the provisions of the FCI 
Recruitment Rules 1971 and for the aforesaid work, contract 
was given to the Labour Co-operative Society of whi
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