TaxTMI 
TaxTMI 
1996 (7) TMI 580
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....t, the Food Corporation of India, is a statutory Corporation established for the purpose of trading in foodgrains and other food stuffs and for matters connected therewith and incidental thereto. It undertakes purchase, storage, movement, transport, distribution and sale of foodgrains and other food stuffs. The Corporation has set up its godowns/depots and other storage facilities. Labour is engaged at different stages in the various Depots for handling, storage and transit of foodgrains and other food stuffs. The Corporation is functioning through various offices and depots through out India. It seems that the Corporation adopted different methods at different places for employing labour for handling foodgrains. We are concerned in this case with one such Depot set up by the Corporation at Siliguri in West Bengal State. It is stated that at the relevant time, 464 workmen designated as Handling Majdoors were attached to the said Depot. Initially, a contractor was engaged by the Corporation for handling, storage and transit of foodgrains at Siliguri Depots. Subsequently, the procedure of direct payment to labourers was followed by the Corporation. The workmen at its Siliguri Depot w....
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.... the action is contrary to the provisions of Section 25F of the I.D. Act, 1947. Viewed from either angle, the action of introducing so as to displace the contract of service between the Corporation and the workmen would be illegal and invalid and ab initio void and such action would not alter, change or have any effect on the status of the afore-mentioned 464 workmen who had become the workmen of the Corporation. (pp. 101 - 102 Main Paperbook) an award be made that the afore mentioned 464 workmen who had become the workmen of the Corporation continued to be the workmen employed by the Corporation and shall be entitled to all the rights, liabilities, obligations and duties as prescribed for the workmen by the Corporation. A formal award to that effect shall be made by the Tribunal. (p. 107 main paperbook) (emphasis supplied) As it was stated before this Court that these workmen continued to be employed, undoubtedly under the contractor since the illegal change was introduced, the question of paying back wages does not arise. The Tribunal however must satisfy itself before making the final award whether any workman was denied work and cons....
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....nt of the workmen and referred to by the Hon'ble Supreme Court in their judgment in Civil Appeal No. 1055(NL) of 1981, who had become the workmen of the Corporation continue to be the workmen employed by the Corporation and shall be entitled to all the rights, liabilities, obligations and duties as prescribed for the workmen by the Corporation. (p. 4 Paperbook Part II) &....
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....bsp; (emphasis supplied) 6. Subsequently, the Tribunal had passed the Award dated 5.11.1993, after completing the identification exercise in respect of 287 workmen. (See Annexure to the order detailing "287" and their number in the list of 464, mentioned by the appellant-Union in the statement filed by it). The Tribunal has taken the view that none of them were ever employed by the Food Corporation of India. It has stated that they will not be taken within the fold of 464 workmen dealt with in th....
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....o. 178, Sri Sachidanand Sahani, date of issue of the identity card, not easily traceable. They are available at pages 7 and 11 of the papers containing the xerox copies of the identity cards. We talked to the above persons, who were present in Court, in the presence of counsel and passed the following order on 4.5.1995: (Page 264(A) main paper book) One of the workers by the name of Chancier Dev Thakur is present before us. We have seen him and talked to him. His photograph on the xerox copy of the identity card dt. 14.4.78 seems to be the photograph of Chander Dev Thakur, We have also taken his signatures before us and tally with the signatures which are on the identity card. Both the signatures are identical. Another worker, Sachidanand Sawhney is also present in Court. After seeing him and seeing the photograph on permit No. 178, we find that the photograph is of the person who is standing before us. We have examined these two workers only to test the findings of the Industrial Tribunal who found that the photograph of none of the workers tally with their actual fact and profile. 9. We would like to highlight a few facts. It is the Food Corporation ....
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....9; with all relevant details, were employed on 21.7.75, for doing the handling workers of the Corporation. (p.37 - Main paperbook) ....
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....s any need to find out whether the said workmen mentioned in the list attached to the written statement filed by the appellant dated 7.7.1978 worked for the Corporation at the relevant time and that matter was settled by the judgment of this Court dated 28.2.85 rendered in C.A. No. 1055(NL)/81. On the question as to whether the identification directed by this Court vide judgment dated 17.1.1990 in C.A. No. 155/90 has been made properly by the Tribunal, we are of the view, in the light of our earlier order dated 4.5.1995, that we should proceed on the basis that the finding of the Tribunal in this regard is vitiated. The counsel for the appellant submitted before us that the concerned workmen produced before the Tribunal the following to prove their identity: 1. Identity Cards issued by the Food Corporation of India (attested by one of the officers of the Corporation). 2. Permit Slips issued by the Corporation at the relevant time. 3. Ration Cards issued to the workmen. 4. Certificates issued by the Commissioner, Panchayats. From the specimen of the xerox copy of the identity card, (all of them similar) we find that apart from the signature of ....
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..... Such registers, which should be available with the Corporation, were not even produced before the Tribunal. The first respondent Corporation could have demonstrated that the presumption flowing from the various identity cards, issued by it, permit slips, ration cards and the certificates issued by the Commissioner of Panchayats produced by the workmen, did not relate to either the 464 workmen or any of them, and who were mentioned in the list filed along with the written statement of the Union dated 7.7.1978. No such attempt was made by the Corporation, which at all times was in possession of the above primary records in the matter. It is evident that the best evidence available with the Corporation was withheld. 14. We have already adverted to the fact that the Corporation did not challenge the list filed along with the written statement of the appellant dated 7.7.1978; on the other hand, it was admitted in the written statement filed by the corporation. On an examination of two illustrative cases (persons who were present in Court along with their identity cards), we are convinced, that the order passed by the Tribunal that "none" of the 287 workmen were able to establish th....
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....r resemblance' - based on no clear guidelines or principles and has based the conclusion at its ipse dixit. To crown all this, the Tribunal has totally failed to note that the Management has no explanation, regarding workmen other than "203 admitted by it, and it did not produce any person bearing the name in the list of "464" nor did it offer any explanation, regarding such other persons (other than 203). 16. On a review of the above facts and circumstances, we are satisfied that the order of the Tribunal is infirm. The only question is, what is the further order to be passed to reach a finality in this long drawn litigation. The matter is pending for nearly two decades. No doubt, counsel for the Corporation invited our attention to certain difficulties involved in "conclusively" determining the identity of the persons as per orders of this Court dated 28.2.1985 and 17.1.1990. Be that as it may, long lapse of time cannot be ignored and this Court cannot shirk its responsibility in resolving the issue on the basis of available material, however, difficult or arduous it may be. Afterall, it is a "human problem" that calls for an urgent decision. Taking into account the totali....