THEIR WORKMEN THROUGH THE JOINT SECRETARY (WELFARE), FOOD CORPORATION OF INDIA EXECUTIVE STAFF UNION. versus EMPLOYER IN RELATION TO THE MANAGEMENT OF THE FOOD CORPORATION OF INDIA & ANR.

Citation: [2023] 10 S.C.R. 117 · Decided: 03-07-2023 · Supreme Court of India · Bench: KRISHNA MURARI · Disposal: Disposed off

Judgment (excerpt)

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[2023] 10 S.C.R. 117 : 2023 INSC 588
117
THEIR WORKMEN THROUGH THE JOINT SECRETARY
(WELFARE), FOOD CORPORATION OF INDIA EXECUTIVE
STAFF UNION.
v.
EMPLOYER IN RELATION TO THE MANAGEMENT OF THE
FOOD CORPORATION OF INDIA & ANR.
(Civil Appeal No. 4152 of 2023)
JULY 03, 2023
[KRISHNA MURARI AND SANJAY KUMAR, JJ.]
Approbate and Reprobate – Held: A party to a proceeding
cannot be permitted to challenge the same but thereafter abide by it
out of its own free will; garner benefit from it; get the opposite
party to effectively alter its position and then press its challenge
after the passage of a considerable length of time – In the present
case, the management of FCI filed writ petition challenging the Award
passed by the Industrial Tribunal but, depsite having secured
conditional interim relief therein, it still chose to implement the
impugned Award though it was under no compulsion to do so –
Management did not stop short at just reinstating the workmen in
service but went further and absorbed them in regular service –
Such absorption in service was not at all required under the interim
order and was, therefore, squarely attributable to the will and volition
of the management of FCI itself – The plea of the management that
it was compelled to comply with the Award under the threat of
contempt, cannot be accepted as the contempt proceedings were
closed long prior to issuance of the orders of ‘reinstatement’ and
‘absorption’ – In effect, the management of FCI chose to acquiesce
with and accept the Award passed by the Tribunal in its entirety,
though it made such compliance subject to the result of the writ
petition – Having allowed the workmen to put in regular service to
its own benefit for over two decades, the management cannot claim
an indefeasible right to continue with and canvass its challenge to
the Award, merely because it made its compliance with the Award
conditional long ago – Judgment passed by the Division Bench of
the High Court set aside – Order of the Single Judge and the Award
passed by the Industrial Tribunal restored, subject to the condition
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SUPREME COURT REPORTS
[2023] 10 S.C.R.
stated – Industrial Disputes Act, 1947 – ss.10(1)(d), 17B, 25F –
Acquiescence – Estoppel.
Union of India and others vs. N. Murugesan and others
(2022) 2 SCC 25 – relied on.
Case Law Reference
(2022) 2 SCC 25
relied on
Para 14
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4152
of 2023.
From the Judgment and Order dated 17.12.2020 of the High Court
of Jharkhand at Ranchi in LPA No. 80 of 2019.
With
Civil Appeal No. 4153 of 2023.
Mrs. Madhavi Divan, ASG, Gourab Banerji, Vikas Singh, Sr. Advs.,
Rakesh Talukdar, Ajit Pudussery, Varun Singh, Ms. Alankriti Dwivedi,
Ms. Udita Singh, Ms. Vaishnavi S., Mrs. Vaishali Verma, P. V.
Yogeswaran, B. K. Satija, Rajesh Singh Chauhan, Amrish Kumar, Advs.
for the appearing parties.
The Judgment of the Court was delivered by
SANJAY KUMAR, J.
1. Leave granted.
2. Arising out of the very same judgment dated 17.12.2020 passed
by a Division Bench of the Jharkand High Court in L.P.A. No. 80 of
2019, these two appeals are amenable to a conjoined disposal.
3. By order dated 12.01.1996 issued under Section 10(1)(d) of
the Industrial Disputes Act, 1947, the Ministry of Labour, Government
of India, referred the industrial dispute raised by the Executive Staff
Union of Food Corporation of India, espousing the cause of 21 casual
workers, for adjudication. It was transferred to the Central Government
Industrial Tribunal No. 2, Dhanbad (hereinafter, ‘the Tribunal”), and taken
on file as Reference No. 128 of 1996. The schedule of the reference set
out the dispute for resolution as under:
‘Whether the action of the management of Food Corporation of
India, Patna, retrenching the services of S/Sh. Sashi Shankar and
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20 others (list enclosed) is justified and legal? If not, what relief
the concerned workmen are entitled to?’
4. One witness each was examined before the Tribunal by both
sides. Exhibits M1 to M7 were marked by the management of Food
Corporation of India (FCI) while Exhibits W1 to W12 were marked on
behalf of the workmen. Upon considering the pleadings and evidence,
the Tribunal found that the 21 workmen in question were engaged as
casual workers by the FCI at Patna and their retrenchment was void, as
they were neither given notice nor paid compensation. Further, having
found that an earlier Award directing reinstatement and regularization in
serv

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