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2010 DIGILAW 838 (UTT)

F. C. I. Mazdoor Sangh through its General Secretary Mohd. Zuber S/o Azizuddin v. Union of India

2010-12-01

B.S.VERMA

body2010
JUDGMENT B.S. Verma, J. Heard Mr. D.S. Patni, Advocate for the petitioner, Mr. V.B.S. Negi, Asstt. A.G. for Union of India and Mr. A.V. Pundir, holding brief of Mr. S.S. Chauhan Advocate for respondents 2 to 5. By means of this writ petition the petitioner has sought a writ in the nature of mandamus directing the respondent no.2 to implement the mandate contained in Notification dated 23-4-2010 and thereby consider the members of petitioner union as mentioned in the list annexed as Annexure-1 to the writ petition, who were working in Jwalapur Depot. F.C.I., to Roorkee Depot of F.C.I. in accordance with schedule appended to said notification on the basis of no work no pay and further restrain the respondents not to de-hire the Roorkee Depot of F.C.I. 2. The grievance of the petitioner is that the Ministry of Labour and Employment vide notification dated 23-4-2010 prohibited the employment of contract labour in the work of loading and unloading etc in the go-downs and depots of F.C.I. as specified in the schedule, but the respondents are not implementing the same and transfer the F.C.I. workers to F.C.I. Depots mentioned in the said schedule including Roorkee Depot on the basis of ‘non work, no pay’. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner union has made several representations before the respondent No.2 but of no avail. Therefore, the respondent No.2 be directed to decide the representation of the petitioner by a speaking and reasoned order at the earliest. Prayer made is innocuous. 3. Therefore, the respondent No.2, Chief Managing Director, Food Corporation of India, is directed to decide the representation of the petitioner by a speaking and reasoned order within four weeks from the date of production of certified copy of this order along with representation to be filed by the petitioner. With the above direction the writ petition is disposed of finally.