Case: Food Corporation of India and Ors Vs. West Bengal FCI Workmens Union

1. Heard.2. Perused the record.3. The order dated 08.03.2001 was passed by learned single judge of the High Court of Calcutta in C.R. No. 5489 (W) of 1991, in the operative portion of which the following order was passed:Considering the facts and circumstances, I feel that for the ends of justice time should be given to the corporation for framing a scheme to absorb the said workmen as regular employee. Accordingly, I grant one year time to food Corporation of India to frame a scheme or to find ways and means to absorb the said workmen. So long the services of the writ Petitioner are not regularised in terms do this order, the present system should continue.4. Thereafter a contempt petition was filed bearing C.P.A.N. No. 406 of 2002, the same was decided vide order dated 24th June, 2002 in which six months time was extended to absorb the employees. Accordingly the contempt petition was disposed of.5. Thereafter the second contempt petition bearing C.P.A.N. No. 75 of 2003 was filed which was decided vide order dated 25.3.2003 in which following order was passed:Mr. Thakurdas Roy Choudhury, learned Counsel appearing for the writ Petitioners, disputes such contention. According to Mr. Roy Chowdhury, learned Counsel, only 12(twelve) persons have been regularized. The others are working on direct payment system.Mr. Sen Gupta, learned Counsel, submits that although the Petitioners are working under the direct payment scheme they are enjoying similar benefits along with the other employees. However, he assures this Court that the present status of the Petitioners would not be disturbed.In view of such submissions the contempt application is disposed of without passing any order on the same.6. Against this order the Respondents preferred an appeal before the Division Bench of the High Court as contempt Petition was disposed of without compliance of the order and tantamounted to as if the High Court had accepted the statement which was made, whereas the same could not be said to be due compliance of the order passed by the court on 8.3.2001. The Division Bench vide order dated 3.5.2007 has set aside the order passed by the single judge on 25.03.2003 in the contempt proceedings and has observed that absorption be made, as ordered by the single judge in appeal on 8th March, 2001 without any further delay within a period of four months from the date of communication of the order. As such Food Corporation of India has come to this Court.7. The operation of the judgment was stayed by this Court on 12.11.2007 as to how the Respondents have not been able to get the benefits so far. We find that when once the order passed by the single judge in appeal dated 8th March, 2001 has attained finality it was required to be complied with in pith and substance. Thus the order passed by the single judge in the contempt proceedings could not said to be in accordance with law. The Division Bench was thus right in directing the compliance of the order dated 8th March, 2001.

Decision:
0[ds]7. The operation of the judgment was stayed by this Court on 12.11.2007 as to how the Respondents have not been able to get the benefits so far. We find that when once the order passed by the single judge in appeal dated 8th March, 2001 has attained finality it was required to be complied with in pith and substance. Thus the order passed by the single judge in the contempt proceedings could not said to be in accordance with law. The Division Bench was thus right in directing the compliance of the order dated 8th March, 2001.