Fayaz Ahmad Bhat And Another vs Union Of India And Others

Gita Mittal, CJ

By way of this writ petition filed in the year 2009, the petitioners sought quashing of the order dated 18th October, 2008, issued by the respondents and office order dated 9th March, 2009, issued by the Manager Depot, whereby the regularization of the petitioners stood denied.

By an interim order dated 1st May, 2009, it was directed that the impugned communication dated 18th October, 2008, issued by the respondent No.4 and office order dated 9th March, 2009, issued by the respondent No.6 shall stay.

In terms of the order dated 22nd October, 2013, the writ petition was dismissed for default of appearance so far as it relates to the petitioner No.2-Abdul Hamid Dar.

Objections have been filed by the respondents, wherein it is submitted that the petitioners were working as casual labourers. With the introduction of direct payment system, the petitioners along with the other casual laborers who exercised their option for engagement as ancillary labourers was given the said engagement as ancillary labourers which were accepted by them. The petitioners were entitled only such benefits as were admissible under the scheme and thereafter are not entitled to any other kind of regularization as claimed by them. Reference in this regard is made to the memorandum of settlement dated 1st November, 1994, signed between the FCI Management and representative of FCI Workers Union at New Delhi.

So far as the appointment is concerned, the respondents have stated that the same can be effected by direct recruitment on merit. The respondents also disclosed the following in para 4. It has been stated that the controversy involved in the instant writ petition stands already adjudicated upon by this court as some ancillary labourers similarly situated with the petitioners herein had filed the two writ petitioner before this court under the title of "Mohammad Ayoub Khan and Others v Food Corporation of India and Others" in SWP No. 2163/99 and "Aijaz Ahmad Khan and Others v. Food Corporation of India and Others" in SWP No. 2208/99. Both the writ petitions were dismissed by this court. Thereafter two Letters Patent Appeals were filed by them against the aforesaid judgments, which also stand dismissed by this court.

It would be appropriate to refer the order of this court passed in SWP No. 2208/1999 titled "Aijaz Ahmad Khan and Others v. Food Corporation of India and Others", which is reproduced as under:

"By the medium of this writ petition, petitioners seek regularization. Respondents have filed objections supported by circular bearing No. IR(L)4(15)/94 dated 05.12.1994. Mr. Jahangir has drawn my attention to page 2 of the circular which makes it manifestly clear that the respondents have gone on record to say that the workers regularized as Direct Payment System (DPS) shall henceforth be retired on attaining the age of fifty eight years. He also submits that by virtue of this circular the petitioners are entitled to continue on the establishment of the Corporation till they attain the age of fifty eight years. It is further submitted that the circular is being acted upon in its letter and spirit and the respondents shall adhere to it.

In view of the stance of the respondents the writ petition shall stand settled. Before parting with, be it placed on record that LC for the petitioners submitted that the petitioners have applied for appointment on class IV posts but because of the circular the respondents are going to deny them the consideration. Mr. Jahangir submits that in case petitioners apply and are eligible in terms of the advertisement notice, they shall be accorded consideration in accordance with the rules.

In the light of the statement so made, the anxiety of the petitioners is taken care of. Writ petition is disposed of accordingly along with CMPs"

Another order 23rd September, 2013, was passed in the writ petition bearing SWP No. 1633/1999 titled "Mohammad Ayoub Khan and Others v. Food Corporation of India and Others", the same reads as follows:

"Learned counsel for the parties are in agreement to heave the matter settled in terms of the order passed in an identical writ petition bearing SWP No. 2208/1999 titled Aijaz Ahmad Khan and Others v. Food Corporation of India and Others.

In view of the similarity of facts, prayer allowed. Aforementioned order shall apply to the petitioners herein also. Writ petition is disposed of along with connected CMPs".

It is further submitted that the aforementioned orders were challenged in the Letters Patent Appeal by those Ancillary Labourers and after hearing counsel for the appellants for Ancillary Labourers in LPA No. 72/2004, the Division Bench has dismissed the appeal on 12th July, 2004, the same is reproduced as under:

"Appellants, eight in number, approached this court in the connected writ petition (SWP) No. 2208/1999, seeking direction to regularize their services on Class IV posts.

The learned Single Judge declined to issue direction to that effect in view of the policy decision contained in Circular dated 5.12.1994, copy whereof has been annexed with the memo of appeal. The policy decision reflect the agreement between FCI Management and Representative of FCI Workers Union vide Memorandum of settlement dated 1.11.1999.

Mr. Qayoom, learned counsel for the appellants, submitted that the Union with which the appellant are attached is not bound by the decision taken by the Union at New Delhi, and even if the decision were binding on them, the appellants having approached this court seeking direction to regularize their services on Class IV post, the learned Single Judge should have considered the claim on merits rather than disposed of the writ petition as "settled" in terms of the Circular dated 5.12.994. We do not find any substance in this submission.

From perusal of the circular, it appear that a decision was taken to pay wages at piece rates/minimum guaranteed daily wages and other benefits under a new system called Direct Payment System as against the existing payment of wages @ Rs. 780/- per month to the workers working under Mate/WMC system, in the 53 depots of the Corporation all over the country with effect from 1.1.1994 and 1.1.1995, respectively, it was stated by the counsel that in terms of the earlier policy, the existing casual labourers were entitled to be considered for regularization against Class IV posts. We are of the view that as all and every casual labourer could not scarcity of post, the decision to give them better monetary benefits taken with the consent of the employees Union, cannot be said to be arbitrary. The decision appears to be in the interest of the employees. The policy does not stand in the way of the appellants or other similarly situated persons from being considered for regularization against regular Class IV posts in future.

In view of the above, we find no merit in the grievance of the appellants and/or infirmity in the order of the learned Single Judge to warrant interference. The appeal stand dismissed."

There was no appearance on behalf of the petitioners on 29th August, 2019, when the adverse orders were deferred in the interest of justice. In the above facts, which were noted, it was observed that there was no merit in the instant writ petition.

None appears for the petitioners when the matter is called out today.

In view of the above reasons, the instant writ petition is, accordingly, dismissed.

IA No. 1/2009 (1131/2009):

In view of the orders passed in the main matter, the application does not survive for consideration and is, accordingly, dismissed.