Page No.# 1/2 vs Food Corporation Of India And 3 Ors on 11 November, 2020
"27. We also fail to understand as to why the departmental labourers should not be
transferred from one depot to another depot. As could be seen from the Judgment of
the Apex Court in the case of Food Corporation of India Worker's Union vs. Food
Corporation of India and Others (Writ Petition (Civil) No. 222 of 1984, dated 20 th
July, 1990) reported in 1990-II-LLN-664/1990 (Supp) SCC 296, it was the contention
of the said Corporation that there cannot be similar wages at different depots since
services of the departmental labourers were not transferable. The said contention has
been rejected by Their Lordships of Apex Court. By now it is a settled principle of law
that transfer is an incidence of service. When wages and all other service conditions of
departmental labourers working at different depots are identical, we see no reason as
to why their services could not be transferred from one depot to another. As has been
submitted by the Corporation, 1594 departmental labourers are getting salary without
any work; whereas at some of the depots, there is huge deficiency of labourers."