District Manager, Food Corporation of India v. P. Jayapal
2012-11-02
M.Y.EQBAL, T.S.SIVAGNANAM
body2012
DigiLaw.ai
Judgment :- M.Y. Eqbal, & T.S. Sivagnanam, J. We have heard Mr. M. Imthias, learned counsel appearing for the appellant, and Mr. Balan Haridas, learned counsel appearing for the first respondent. 2. The matter relates to regularization of service of the first respondent. Indisputably, the first respondent was initially appointed as a Casual Labourer from 1994 till 1995. Subsequently, since his services were required, he worked in different capacities as a casual labourer and as labourer under contract basis. The first respondent raised an industrial dispute for regularizing his services and the Central Government Industrial Tribunal passed an award holding that the first respondent was not entitled for regularization. The said order was challenged by the first respondent by filing the writ petition, which was allowed by the learned single Judge by the impugned order directing the appellant to regularize the services of the first respondent. The learned Single Judge also ordered for payment of monetary benefits with effect from 28.05.2001. 3. After elaborate arguments, learned counsel appearing for the appellant confined this appeal only with regard to the direction for payment of monetary benefits with effect from 2001. According to the learned counsel, in any case, the first respondent is not entitled to monetary benefits with effect from 2001, when, admittedly, he was working on daily wages. On the other hand, learned counsel appearing for the first respondent very fairly submitted that although the first respondent may not be entitled to monetary benefits, he is certainly entitled to continuity in service. 4. After hearing the learned counsel appearing for the parties and with their consent, we dispose of this appeal by passing the following order:- (i) The appellant shall implement the impugned order passed by the learned Single Judge and regularize the services of the first respondent-workman. (ii) The first respondent-workman shall not be entitled to any monetary benefits with effect from 2001, but is entitled to get the benefits from the date of the order passed by the learned single Judge, and will also be entitled to continuity in service. No costs. Consequently, miscellaneous petition is closed.