IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1163 of 2009(O&M) Date of decision: 04.11.2009 The Regional Manager, FCI & others. -----Appellants Vs. Mangat Singh and others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Hari Pal Verma, Advocate for the appellants. --- ORDER: 1. This appeal has been preferred against order of learned Single Judge, directing release of wages to three respondents who are writ petitioners and to verify the factual position with regard to fourth writ petitioner namely Amarjit Kaur and to release her wages after due verification. 2. Claim of the respondents/original writ petitioners was that they were listed as ancillary labourers by Three Members Committee appointed by the appellants and they performed the work of loading and unloading of foodgrain bags from wagons/trucks and other vehicles during the procurement of LPA No.1163 of 2009 grains by the appellants. They put forward their claim for wages for the period from 7.12.1995 to 28.2.1997 at declared rates but the same was denied on the ground that the Committee had been asked to recruit 16 workers and only 16 workers were, accordingly, paid wages. 3. Learned Single Judge held that in the list furnished by the Committee, names of three persons were clearly mentioned and in such a situation, bare denial of working of the respondents by the appellant, was not fair. Mere fact that earlier writ by some other workers had been dismissed, was held to be no bar to consideration of claim for wages on undisputed facts in view of law laid down by the Hon’ble Supreme Court in LIC of India v. Asha Goel (2001) 2 SCC 160 and Food Corporation of India v. SEIL Ltd. (2008) 3 SCC 440. 4. We have heard learned counsel for the appellants. 5. Only contention put forward is that there was disputed question of fact when the appellants had taken a plea that only 16 workers were to be recruited. This contention cannot be appreciated as it has not been denied that in the list furnished by the Three Members Committee, names of three petitioners were duly mentioned and the appellants inspite of knowing their names and their working, did not stop them from performing their jobs. They, having worked for more than one year in the work of loading and unloading of foodgrain bags, could not be denied wages. 2 LPA No.1163 of 2009 6. No ground is, thus, made out to interfere with the view taken by learned Single Judge. 7. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE November 04, 2009 ( GURDEV SINGH ) ashwani JUDGE 3