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                         "Whether            the       demand             of      food
                Corporation            of       India        Shramik           Sangh

Uttaranchal is just and legal to declare that the workers Shri Rajbir Singh, S/o Shri Hodil Singh and 199 others were employed at the Food Corporation of India Depot, Jwalapur since 1996-97 continuously and were also engaged by the management of FCI Jwalapur under Direct Payment System during the period 10.07.2003 to 28.10.2004 and thereafter their discontinuance/termination from service by the management of FCI in violation of section 25(O) of the ID Act, 1947 is illegal and unjustified? If so, to what relief the concerned workmen are entitled to?"

The Union filed a claim petition. According to the averments made in the claim petition, Jwalapur Go- down came under the definition of factory, being an Industrial Establishment, as more than one lakh workers are engaged and in Jwalapur Depot, more than 200 workers were employed. Thus, without adopting the procedure prescribed under Section 25 (O) of I.D. Act, the closure was not permissible. The alleged contract system was sham, show and camouflage. The members of the respondent-Union have directly worked under the control of the Food Corporation of India. The wages for the period w.e.f. 10.07.2003 to 28.10.2004 have been withheld. In the show-cause notice, their conditions of service were changed to their detriment to the issue of work. The stoppage of work also amounted to illegal retrenchment and violative of Sections 25-N & M of Industrial Dispute Act.
I have heard learned counsel for the parties and perused the record carefully.
Sri Rajbir Singh was examined as WWI. Sri Rajbir Singh, in his affidavit, has supported the averments made in the claim petition. The gist of his statement is that the workmen were directly employed by the Employer-FCI since 1996-97 and they were not paid the wages under the direct payment system for the period 10.07.2003 to 28.10.2004. Statement of WW1 Rajveer Singh has duly been corroborated by the statement of WW2 Saroj Singh. According to him, workmen were engaged in the work of loading and unloading at Jwalapur Depot. He has proved the Registration Certificate of the Union. He has proved various letters written by the officials of the FCI to the Senior Regional Manager as well as WWI Rajbir Singh regarding engagement of workmen. He has proved the list of 200 workmen. The workmen had moved an application for production of documents, the Tribunal ordered for the production of record. The record was not produced. The Presiding Officer was constrained to appoint Ms. Shipra Shukla, Advocate, as Commissioner, authorizing her, in writing, to enter the premises at FCI Godown, Jwalapur, near Ashoka Talkies, Jwalapur, Haridwar as well as the premises at 3/3 Ganesh Bazar near Ram Lila Ground, Srinagar, Garhwal, where Go-down and office are being run.
Shri Uday Singh Rawat, Manager (Law), FCI Srinagar has appeared as Management Witness No.1. In his affidavit, he has reiterated the stand taken in the reply filed with the claim petition. He has admitted, on oath, that the workmen have worked with the F.C.I. management, but they were neither appointed by FCI management nor they were on the pay roll of FCI.
The case of the management is that though the workmen were engaged by the contractor, but the name of the contractor has not been disclosed. Mr. Uday Singh Rawat as MW1 has also not named any specific contractor who was given work of handling of food grains at Jwalapur Depot. In case the work was assigned through contractor under the Contract Labour Act, the organization was required to be registered. The non registration of the organization attracts penal provisions. The supervisory control of the workmen was always with the Management. As per letters Ex. WW2/2 and DWW 2/4, the contractor was not held responsible for the engagement of the workmen. The food grains of the respective depots are handled by the workmen of the respondents/Union. Ms. Shipra Shukla, Advocate Commissioner, has traced the record stack in old gunny bags. In case, the contractor does not make the payment, it is for the principal employer to make the payments under Section 21 of the Contract Labour (Regulation & Abolition) Act 1970. However, the register and records are required to be preserved. Neither the management has taken care to produce any such document nor the name of the contractor was mentioned. It is not discernable why the management has tried to withhold the documents from the Labour Court. The management has also withheld the documents from the Local Commissioner. It has also come on record by way of documents Ex.W.W.3/2 to Ex. W.W.3/357 that during different years, payment regarding handling charges and salary of the employees of Jwalapur Depot was sanctioned by the Management of the F.C.I. This letter is dated 16.12.2003, whereby F.C.I. has released amount for a period w.e.f. 01.07.2003 to 31.10.2003. In the second ledger also, it has been shown that the payment has been made to the workmen by the Management. No suggestion was put to the Local Commissioner about the authenticity of the bills. A list of the workmen, who were working at Jwalapur Depot, is W.W.3/9.