IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No.733 of 2001 (O&M) Date of decision: 31 .3.2010 Punjab Pardesh Palledar Mazdoor Union (Regd.) -----Appellant Vs. Lal Jhanda FCI Workers and Palledar Union CITU (Pb.) and others -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH i) Whether reporters of local papers may be allowed to see the judgment? ii) To be referred to the reporters or not? iii) Whether the judgment should be reported in the Digest? Present:- Mr. Ashok Singla, Advocate for the appellant. Mr. Hari Pal Verma, Advocate for respondent No.1. --- Adarsh Kumar Goel,J. 1. This appeal has been preferred against order of learned Single Judge quashing the order of the District Magistrate on the question of allotment of the labour work and giving liberty to the Food Corporation of India to get the work executed as per earlier order of the Hon’ble Supreme Court. LPA No.733 of 2001 (O&M) 2. The appellant as well as the respondent writ petitioner are Unions of workers engaged for loading and unloading of foodgrains at rail head and FCI godowns. There was dispute between the two Unions for allotment of work of loading and unloading.The District Magistrate passed order Annexure P.6 dated 27.11.1998, purporting to be in the interest of law and order, directing that the work of loading and unloading would be undertaken by the workers represented by the two unions in the ratio of 60:40. Aggrieved by the said order, the respondent-writ petitioner Union filed writ petition on the ground that the District Magistrate had no jurisdiction to pass such an order. The Corporation had already decided to departmentalise the labour in specific depots and Direct Payment System had been introduced in pursuance of agreement dated 12.7.1993. The dispute between the parties was also considered by the Hon’ble Supreme Court vide order dated 27.3.1995. Direction was issued to the Union of India to take consolidated decision for various depots. Accordingly, 2 LPA No.733 of 2001 (O&M) the Food Corporation of India issued instructions dated 18.2.1997 and the work was accordingly allocated to different workers till the District Magistrate passed the order in question. 3. Learned Single Judge directed the FCI to determine the status of the writ petitioner Union on which order dated 25.7.2000 was passed. Learned Single Judge held that the order of the District Magistrate was without any jurisdiction. Writ petition of the respondent-petitioner was accordingly allowed. While admitted this appeal, stay was declined. 4. Learned counsel for the appellant states that there is a suit pending between the parties and even though, no stay was granted and order of learned Single Judge has been in operation for the last 12 years, dispute between the parties still requires adjudication. Learned counsel for the respondents submits that the dispute between the parties be left to be determined in appropriate proceedings. 5. We have considered the rival submissions. It remains undisputed that the District Magistrate could 3 LPA No.733 of 2001 (O&M) not have passed an order, in purported exercise of power of maintaining law and order, requiring the Food Corporation to allot work to a particular set of workers. This dispute had to be determined in appropriate proceedings. In this view of the matter, this appeal has to be dismissed. We order accordingly. However, it is made clear that this order will not affect rights and remedies of the parties in appropriate proceedings. (Adarsh Kumar Goel) Judge March 31, 2010 (Alok Singh) ‘gs’ Judge 4