Disposed
Lal Jhanda Fci Workers and Palledar Unio v. Food Corporation of India
Punjab & Haryana HCCWP/792/2002
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PUNJAB AND HARYANA AT HIGH COURT OF PUNJAB…
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PUNJAB AND HARYANA AT HIGH COURT OF PUNJAB…
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CWP No.792 of 2002 (O&M)
Date of Decision: 13.09.2012
Lal Jhanda FCI Workers and Palledar Union . . . . Petitioner
Vs.
FCI & Ors. . . . . Respondents
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: None for the petitioner
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(1). The petitioner-Union has sought a direction to the Food Corporation of India and the Punjab State Warehousing Corporation “ not to engage its own labour for its Warehouse …” “… except the members of the petitioner-union who have been brought under direct payment system at Sangrur... ”.
(2). The matter was heard by a Division Bench of this Court on 20.03.2002 when the following order was passed:-
“In our opinion, the issue like the one raised in
this petition also arises in a large number of cases instituted every year. Therefore, it is appropriate that a common strategy is evolved by the authorities of Food Corporation of India and Punjab State Warehousing Corporation in co-ordination with the District Administration. For this purpose, we deem it
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proper to constitute a Committee headed by Secretary, Food & Supplies Department, Punjab. Senior Regional Manager, Food Corporation of India; Managing Director, Punjab State Warehousing Corporation; Managing Directors of Punsup, Markfed and Punjab Agro Industrial Corporation and an officer of the rank of Director General of Police, Punjab should be the members of the Committee. The Committee shall hold a meeting in April, 2002 to discuss the issue from various angles and evolve a common strategy which may be used by the district authorities to tackle the problems created due to inter se disputes between the contractors on the one hand and the Labour Unions on the other hand.
A status report prepared on the basis of deliberations by the said Committee be placed before the Court on or before 30.4.2002.”
(3). The Committee constituted under the above-reproduced orders prepared its status report on July 24, 2002 after consulting all the stakeholders and with their broad consent, made the following recommendations:-
“a) District Authorities should be fully aware of existing instructions with regard to the appointment, retention and continuance of labour in FCI as well as
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in the Agencies and the work to be handled by them as per norms/instructions decided by the Management from time to time. They should be sensitized regarding the new liberalised environment, which allows outsourcing as the most cost effect arrangement.
b) District Authorities should tackle the law and order situation arising due to such disputes by adhering to the extant instructions of FCI and of Agencies, which are based on economic principles. c) In case of Handling and Transportation contracts, proper security must be provided to the new contractors and the monopolistic unions should not be allowed to stop the movement operations for narrow gains. The Truck Unions charge exorbitant rates since they also charge enormous amount of money from any owner of a truck who wants to become a member of this Union. Non members are not allowed to operate their trucks from stations where the Unions are in existence. If possible, a direction may issue from this Hon’ble Court declaring the Truck Union to be illegal, so that petty groups with narrow vested interests should not be permitted to hinds the free flow of foodgrains in the country.
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d) Sitting on the unprecedented stock pile of food grain in Punjab moving it out to other parts of India and abroad is most important challenge and petty groups with narrow vested interests should not be permitted to hinder the free flow of food grain.”
(4). The fact that the petitioner-Union did not raise any objections against the mechanism introduced as per the recommendations reproduced above, does suggest that the system evolved by the Committee has suitably addressed the problem highlighted in this petition. Since the afore-said arrangement appears to have satisfactorily worked for a sufficient long period, suffice it would be to dispose of this writ petition at this stage with a direction that the respondent-Authorities shall continue to strive hard for further improvement and strengthening of the system. However, if there is still any grievance, the petitioner-Union shall be at liberty to approach an appropriate forum for its redressal.
(5). Ordered accordingly. Dasti .
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Lal Jhanda FCI Workers and Palledar Union
FCI
As recorded by the court registry
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