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F.C.i. Vs. Presiding Officer, C.G.i.T.-cum-labour Court and anr.

F.C.i. vs Presiding Officer, C.G.i.T.-cum-labour Court and anr.

Type Court Judgment Court Supreme Court of India Decided Feb 15, 1988
~2 min read
https://sooperkanoon.com/case/646339

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Citation
Court
Supreme Court of India
Judge
Decided On
Case Number
Petitions for Special Leave to Appeal (Civil) 10963, 11642, 10881 and 11704 of 1986
Subject
Service

Case Summary

AI-generated summary - not the official court judgment text.

- [E.S. Venkataramiah and; N.D. Ojha, JJ.] -- Labour Law — Casual workers — Casual workers of FCI — Parties agreeing before Supreme Court to terminate their services only in accordance with law and till their termination they will be treated as regular employees entitled to all the fringe benefits...

Key legal issue
Service
Acts & sections
Constitution Of India - Article 136

Parties & Advocates

Appellant / Petitioner

F.C.i.

Respondent

Presiding Officer, C.G.i.T.-cum-labour Court and anr.

Legal References

Acts
Constitution Of India - Article 136
Reported In
1989Supp(2)SCC284

Excerpt

- [e.s. venkataramiah and; n.d. ojha, jj.] -- labour law - casual workers - casual workers of fci - parties agreeing before supreme court to terminate their services only in accordance with law and till their termination they will be treated as regular employees entitled to all the fringe benefits but subject to transfer from one depot to another -- we have heard the learned counsel for the parties. it was also stated by the learned counsel that the question of creating any post for the workmen by the food corporation of india does not arise, as legally this may not be permissible and that the corporation may proceed against the workmen only in accordance with law.e.s. venkataramiah and; n.d. ojha, jj.1. in view of the following statements found in the order of the high court:“we have heard the learned counsel for the parties. during the course of arguments, mr sodhi learned senior advocate stated that the services of the workmen will only be terminated in accordance with law, that till their services are terminated, they for all intents and purposes would be treated at par with the regular employees (watchmen) of the corporation and that those workmen would get all the fringe benefits which the regular employees (watchmen) are getting.on the other hand, mr surjit singh, learned counsel for the workmen, accepted the statement of mr n.k. sodhi and further stated that the workmen would not say no if they are sought to be transferred from one depot to another by the corporation. it was also stated by the learned counsel that the question of creating any post for the workmen by the food corporation of india does not arise, as legally this may not be permissible and that the corporation may proceed against the workmen only in accordance with law.in view of what was stated at the bar, the learned counsel for the parties are agreed that in view of their statements, these writ petitions be disposed of and to that extent the award of the tribunal be taken to have been modified.”we do not think it is fit case for interference under article 136 of the constitution. special leave petition is dismissed accordingly.

Full Judgment

E.S. Venkataramiah and; N.D. Ojha, JJ.

1. In view of the following statements found in the order of the High Court:

“We have heard the learned Counsel for the parties. During the course of arguments, Mr Sodhi learned Senior Advocate stated that the services of the workmen will only be terminated in accordance with law, that till their services are terminated, they for all intents and purposes would be treated at par with the regular employees (watchmen) of the Corporation and that those workmen would get all the fringe benefits which the regular employees (watchmen) are getting.

On the other hand, Mr Surjit Singh, learned Counsel for the workmen, accepted the statement of Mr N.K. Sodhi and further stated that the workmen would not say no if they are sought to be transferred from one depot to another by the Corporation. It was also stated by the learned counsel that the question of creating any post for the workmen by the Food Corporation of India does not arise, as legally this may not be permissible and that the Corporation may proceed against the workmen only in accordance with law.

In view of what was stated at the bar, the learned Counsel for the parties are agreed that in view of their statements, these writ petitions be disposed of and to that extent the award of the Tribunal be taken to have been modified.”

we do not think it is fit case for interference under Article 136 of the Constitution. Special leave petition is dismissed accordingly.

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