Harchand Singh and Others vs The Food Corporation of India

M.M. Kumar, J.—This is an application praying for disposal of the writ petition in terms of the judgment rendered by a Division Bench of this Court in CWP No. 4695 of 1999 decided on 22.8.2002.

Notice of the application was given to Mr. R.K. Sharma, Advocate appearing for the respondent, who has not filed any reply.

After hearing the learned counsel, I find that there is no dispute between the parties that the case of petitioners No. 1 to 78, who belong to Food Corporation of India, FSD Ahmedgarh, Distt. Sangrur, is coed by the Division Bench judgment in CWP No. 4695 of 1999 decided on 22.8.2002. Accordingly, the writ petition is allowed in the same terms and the petitioners would be entitled to the relief in the light of observation made by Hon''ble Supreme Court of India in case of Steel Authority of India Ltd. and Ors. etc. etc. v. National Union Water Front Workers and Ors. etc. etc. II 2001 (7) SC 268, as has been directed by the Division Bench.

Mr. Sharma learned counsel for the respondents has further submitted that the case of petitioners No. 79 to 92 is not covered by the view taken by the Division Bench in CWP No. 4695 of 1999 (supra). According to the learned counsel, the controversy has been settled by the Division Bench in another writ petition namely CWP No. 10293 of 1999 and in view thereof, the writ petition filed by them has to be dismissed. Mr. R.K. Arora, learned counsel for the petitioner has not disputed the submission made by Sh. Sharma that claim of the petitioners No. 79 to 92 is liable to be dismissed.

For the reasons recorded above, the writ petition of petitioners No. 1 to 78 is allowed in terms of the directions issued in CWP No. 4695 of 1999 decided on 22.8.2002 and the claim of the other petitioners is dismissed.