Kerala Ration Wholesale Distributors Federation vs The Food Corporation of India and Others

K. Vinod Chandran, J.—Despite consistent judgments issued by this Court regarding the manner in which the loading work in the various godowns of the Food Corporation of India (FCI), involved in the Public Distribution System (PDS); is to be carried out, the same are not complied with and is blatantly violated, is the contention of the petitioner. The allegation is with respect to the amounts collected by the loading workers, under the name "Dola" or "Attikooli" The said amounts are said to have been demanded by the workers for climbing inside the truck, stacking the bags, covering it with tarpaulins and so on and so forth.

As early as in 1995 by Ext. P1, a Circular was issued by the FCI wherein the staff of the FCI manning the godowns were directed to ensure that there is complete elimination of payments of ''Dola'' system to labourers in the depots. Ext. P1 Circular was said to have been issued with the concurrence of the FCI workers unions. For violation on the part of the staff of the FCI, managing the depots, directions were issued to take disciplinary action under the Regulations applicable to the FCI and the Industrial Employment Standing Orders Act, 1946.

Certain dealers under the PDS were before this Court with O.P. 14651 of 1997 seeking implementation of Ext. P1. The respondent Unions who were parties appeared and submitted that, they have no objection in such directions being implemented. A further writ petition was filed by the petitioners herein as W.P.(C).28789 of 2007 wherein the issue was considered elaborately and Ext. P4 judgment was passed. A reading of Ext. P4 judgment would indicate that FCI had asserted that there is no such illegal payment being made at the depots and that amounts are paid by the FCI under the Direct Payment System (DPS) to the labour unions representing such loading workers. This Court found that there is no justification for any claim, if any, made by the unions or workers for any amounts other than that payable by the FCI directly under the DPS. Directions were issued in the following manner -

"In that view of the matter, there will be a direction to respondents 1 to 4 to ensure a smooth functioning of the system for loading the ration articles from the FCI godown, Kazhakoottam. There will be a further direction to the officials of the FCI to ensure that the employees of the Corporation who are engaged for loading the ration articles are loading the ration articles in terms of the release order issued by the Asst. Manager of weighing slip is give to the dealers and also to ensure that electronic weighing slip is given to the dealer instead of the hand written slip while the lorry is issued with the gate pass for exit. There will be a further direction to the District Collector to ensure that there will be a orderly loading of the ration articles by the workers of the Corporation" 4. Petitioner asserted that in fact, the system is being continued, in which case they ought to have approached this Court with a Contempt petition as against any violation of Ext. P4 judgment.

Petitioner has chosen to move this Court with another writ petition, again with the very same contention that has been raised earlier. The contention raised in the above writ petition is that, it is not the DPS labourers who are now carrying on the work but it is their proxies. The petitioner relies on Ext. P7 produced subsequently to the filing of the writ petition to contend that even the Parliamentary Committee has recommended; after considering the situation all over the country in the FCI depots, that the proxy labour in FCI should be prevented. The persons who were not properly identified and included in the DPS are employed in the depots and the aforesaid claims of illegal gratification are made by such labourers with impunity since they have no responsibility and identification itself is impossible.

The learned counsel for the FCI contends that the directions in Ext. P4 judgment and the Circular are being implemented scrupulously and that there is a list of DPS workers with the FCI. The counter affidavit indicates that there is an attendance register maintained in the depots wherein the labourers are allowed to work only after marking the attendance. The payment of wages is said to be done only after verification of the attendance registers. Any illegal gratification sought for by the labourers, if brought to the notice of the FCI, would be taken serious note of, is the contention of the learned Standing Counsel appearing on behalf of the FCI.

The union of workers have been arrayed herein as respondents 7 to 10. Though a notice was taken out at the stage of admission by special messenger, they have not chosen to appear. Hence, it is to be taken that respondents 7 to 10 have nothing to state in defence and they too would comply with the directions of this Court in the earlier judgment.

In the above circumstances, issuance of further directions to ensure no "Dola" or "Attikooli" payment to the loading workers would be superfluous especially in the context of specific directions issued by this Court, time and again, which the unions as also the FCI would be obliged to scrupulously follow.

The identification of the labourers being what is additionally projected in the above writ petition; FCI would consider issuance of identity cards to the labourers who are working under DPS in each of their godowns, if not already issued. The petitioner also has a prayer that the FCI should be directed to install closed circuit cameras within the depot premises. It may not be proper for this Court to issue a direction as such, but the FCI could consider the said prayer and if found feasible, same would ensure prevention of proxy labourers as has been emphasized by the Parliamentary Committee in Ext. P7.

It is also made clear that any instance for illegal gratification being sought for by the DPS should be brought to the notice of the FCI and the District Administration who would be entitled to take appropriate action in accordance with law.

With the aforesaid direction, the writ petition would stand disposed of. Parties are left to suffer their respective costs.