Employer In Relation To The Management Of Food Corporation Of India v. The Presiding Officer Central Govt Industrial Tribunal Cgit And Anr
WPC/505/2017 · 2025-07-10
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24192 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24192 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:18950 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (L) No. 505 of 2017
--------- Employer in relation to the Management of Food Corporation of India, a body Corporate incorporated under the Food Corporations Act, 1964, through its Area Manager Chandra Shekhar Anand, son of I.N. Poddar, District Office, Chiragora, P.O. & P.S. Hirapur, District-Dhanbad.
......Petitioner
Versus Bhopal Tiwary, son of Late Choudray Tiwary, resident of village- Kollahabad, P.S. Jagdih, P.O. & district- Deoghar. .....Respondent
---------
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------- For the Petitioner : Mr. Shubham Sinha, Advocate
Mr. Nipun Bakshi, Advocate
Mr. Mrinal Singh, Advocate For the Respondent : Mrs. M.M. Pal, Sr.Advocate
M/s. Ruby Pandey, Mohua Palit, Sudeepta
Kumar Pal, K.M. Poonam Verma, Advocates
--------- 19/Dated:-10.07.2025
1.
Heard both sides.
2.
The instant writ application has been preferred by the petitioner praying for quashing and setting aside the Award dated 21.01.2016 passed in Ref. Case No.75/2005 by the Presiding Officer, Central Government Industrial Tribunal No.1, Dhanbad, whereby the action of the management FCI terminating the ad hoc contract labour namely Sri. Bhopal Tiwary, was held not legal and justified and direction has been given to regularize the workman immediately with continuity of service and to give him full back wages within 30 days from the publication of the Award.
3.
During course of arguments, both the parties tried to amicably settle the dispute in view of the long pending litigation and pursuant thereto both parties agreed that the petitioner shall
2025:JHHC:18950 2 pay Rs.5,00,000/- (Rupees Five Lakhs Only) to the sole respondent by way of demand draft as onetime and final settlement. With regard to the same, order was passed on 24.06.2025 which is quoted hereinbelow:
“1. A supplementary affidavit has been filed pursuant to the order passed by this Court on 01.05.2025 indicating therein that the petitioner corporation is ready to give Rs. 5,00,000/- (Rupees Five Lakhs) lumpsum amount to the respondent.
2. Mrs. Pal, learned senior counsel, upon instruction submits that the respondent is ready to receive the said amount.
3. Accordingly, on the next date of hearing, the respondent namely-Bhopal Tiwary shall appear In-person and receive a cheque/demand draft of Rs. 5,00,000/- (Rupees Five Lakhs), which shall be prepared by the employer corporation in the name of the respondent so that the same can be paid to him.
4. List this case on 03.07.2025.”
4.
Pursuant thereto, on the last date of hearing i.e., on 03.07.2025, they could not comply the commitment due to a technical error. For brevity, order dated 03.07.2025 is quoted hereinbelow:
“1.
Learned counsel for the petitioner submits that due to technical reason, with regard to spelling in the name of the respondent, the payment of Rs.5,00,000/- (Rs. Five Lakhs only) could not be made. However, he ensures that now, since an affidavit is being filed by the respondent with regard to his name; as such, the aforesaid payment will be done latest by Wednesday.
2. List this case on Thursday i.e., on 10.07.2025.”
5.
Today, both the parties are present including the respondent-Bhopal Tiwary and he has received the demand draft for Rs.5,00,000/-(Rupees Five Lakhs Only) and signed the photocopy of the demand draft for Court’s record.
6.
Having regard to the aforesaid facts and circumstances and the compromise entered by and between the parties, the instant writ application stands disposed of and consequently, there would not be any implementation of the Award and all other
2025:JHHC:18950 3 matters become infructuous.
7.
Pending I.A., if any, also stands closed.
(Deepak Roshan, J.) vikas/-