Food Corporation of India v. Gen. Secy., FCI India Employees Union & Ors.

INDUSTRIAL DISPUTES ACT, 1947,

--Reference of disputes to Boards, Courts or Tribunals --Regularisation of services of contract labours Appeal against regularisation--Whether justified--Where employer challenged the award regularising the services of contract labours but failed to adduce any evidence to prove its case, then, the said regularisation was justified.--FCI employed a large number of employees at its Chennai Branch office. A dispute arose between FCI and workers' Union as to whether these employees were the employees of the FCI or they were employed by the contract labourers' society to work in the FCI and, whether these employees were entitled to claim regularisation of their services as FCI employees. The said dispute was referred to the Industrial Tribunal wherein it was held that the employees were entitled to be regularized in the services of the FCI. FCI filed writ petitions and writ appeals against the award but the same were dismissed by the High Court. Therefore, appeal was filed before the Supreme Court. Held: It was evident that the agreement with the contract labourer for doing the work came to an end in 1991 and thereafter it was not renewed. The wages were directly paid by FCI to all the workers. Further, the nature of work performed by the workers was of a perennial nature and all the workmen were performing their duties as permanent workers. Further that, FCI did not adduce any evidence to prove its case despite affording opportunities, therefore, appeal was dismissed.