Allahabad High Court
Braj Kishor & Ors. vs Union Of India Thru. Secy. Deptt. Of ... on 31 January, 2020
Author: Govind Mathur
Bench: Govind Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Chief Justice's Court Case :- SERVICE SINGLE No. - 29715 of 2018 Petitioner :- Braj Kishor & Ors.
Respondent :- Union Of India Thru. Secy. Deptt. Of Labour & Ors.
Counsel for Petitioner :- Atul Kumar Dwivedi Counsel for Respondent :- A.S.G.,Shikhar Anand Hon'ble Govind Mathur,Chief Justice Heard learned counsel for the petitioners and Sri O.P. Srivastava, Senior Advocate assisted by Sri Sikhar Anand, learned counsel for the respondent.
The Food Corporation of India Mazdoor Sangh preferred a petition for writ (Writ-C No.7719 of 2018) to have a writ in the nature of mandamus for Deputy Chief Labour Commissioner (Central), Kanpur Nagar to take a decision on the representation dated 8th August, 2017 and 9th October, 2017. The writ petition aforesaid came to be disposed of on 27th February, 2018 with a direction to the Deputy Chief Labour Commissioner (Central) to examine the representation and if any industrial dispute is found therein then to make a reference of the same to the Central Government within a period of six weeks from the date of production of certified copy of the order.
In compliance of the direction aforesaid, the Deputy Chief Labour Commissioner (Central), Kanpur Nagar considered and disposed of the representation on 20th August, 2018. In the report aforesaid, the Deputy Chief Labour Commissioner (Central) Kanpur Nagar concluded as under:-
"The Union has filed complaint through a notice of strike dated 8.9.2017 which was seized in conciliation and proceedings were initiated meanwhile the Union moved to the Hon'ble High Court Allahabad by way of filing the writ petition no.7719 of 2018. The Hon'ble High Court while disposing of the writ directed the respondent (Dy CLC (C), Kanpur) to examine the representation and if found there would be any industrial dispute the matter may be referred to the Govt.
The representation dated 8.8.2017 & 9.10.2017, the notice of strike dated 8.9.2017 & representation dated 25.11.2017 filed by the Union has been throughly examined and found that the Union has demanded compliance of Hon'ble High Court/Hon'ble Supreme Court Orders in respect of workers of Koshikalan Depot, Khurja Depot & Quarshi Depot. Thus, the non compliance of the Orders of the Hon'ble Courts cannot be termed as an industrial dispute there is no question to refer the matter to the Govt. for further adjudication to the Central Govt. Industrial Tribunal. The genuine of the workers has already been decided by the Hon'ble High Court/ Hon'ble Supreme Court in respect of the workers, the question and demand remains regarding non implementation of Hon'ble High Court Orders by the management of Food Corporation of India. Therefore, the management must make comply of the orders of the Hon'ble High Court/ Supreme Court discussed above within the time frame otherwise the union is free to take recourse before the appropriate Court for non compliance of Orders of the Hon'ble High Court/ Hon'ble Supreme Court as the case may be.
The union has filed relevant document in respect of workers of Koshikalan (old) Rail head, Dist. Mathura. The credential of the workers have been verified and found that 234 workers who were worked in the depot and who have also been found suitable by the Committee constituted by the FCI management under the chairmanship of the Dy. Collector, Chhata may be taken on work, the list of the workers whose credential has been verified are attached as Annexure with this report.
The management must comply with the orders of the Courts/ Authority within 30 days otherwise Union is free to take recourse before the Appropriate forum/ Court for non compliance of the Orders (supra).
In view of the findings recorded above, the orders of the Hon'ble High Court Allahabad is complied with."
The grievance of the petitioners is that the directions given by the Deputy Chief Labour Commissioner (Central), Kanpur have not been complied with by the employer Food Corporation of India.
An application is preferred by the employer Food Corporation of India for transfer of this case to Allahabad where a petition for writ bearing no.40313 of 2018 is pending challenging the report given by the Deputy Chief Labour Commissioner (Central), Kanpur dated 20th August, 2018.
It is pointed out by learned counsel appearing on behalf of the Food Corporation of India that in the writ petition pending at Allahabad pleadings are complete and the matter is ripe for hearing.
It would also pertinent to notice that in the instant matter too pleadings are complete.
In light of the factual background aforesaid, I deem it appropriate to dispose of this application with order that hearing of instant matter be deferred till disposal of Writ-C No.40313 of 2013, Food Corporation of India Vs. Union of India. The case aforesaid be placed before Chief Justice for fixing the matter for its disposal at an early date.
The application stands disposed of accordingly.
Order Date :- 31.1.2020 Bhaskar (Govind Mathur, C.J.)