21.04.2025. Item No. 11. Court No. 13 ap F.M.A. No. 279 of 2023 Food Corporation of India (FCI) & Anr. Versus Jiya Rahaman Sekh & Ors. Mr. Kamal Kumar Chattopadhyay, Ms. Rimi Chatterjee. …For the appellants. Mr. Victor Chatterjee, Mr. Biswajit Porel. …For the respondents. 1. The instant appeal is directed against the judgment and order dated 2nd December, 2022 passed by a learned Single Judge of this Court in W.P.A. No. 7814 of 2022. 2. The brief facts of the case are that the writ petitioners/respondents claimed to be Security Guards employed by a Contractor being the respondent no.33 in the instant appeal. The writ petitioners were therefore initially contract labours. The contract with the respondent no.33 was terminated by the appellants on 28th July, 2021. 3. The writ petitioners/respondents claimed that they continued to work even thereafter with the Food Corporation of India. Certain document allegedly signed by the Depot Manager of Food Corporation of India appear to have been produced before the learned Single Judge of this Court. 2 4. Based on the above, the learned Single Judge directed payment of wages to the petitioners as long as they continue to work. 5. When the appeal was filed and taken up for admission, by a Co-ordinate Bench of this Court presided over by Hon’ble the Chief Justice, several inconsistencies in the facts recorded by the learned Single Judge has been found. 6. The Co-ordinate Bench of this Court found that the appellants had specifically opposed the maintainability of the writ petition. The Co-ordinate Bench of this Court also found that the appellants/Food Corporation of India had not agreed to make any payment and was not a signatory to any agreement before the learned Assistant Labour Commissioner. 7. The appeal was admitted based on the aforesaid findings of a Co-ordinate Bench of this Court in the order dated 27th March, 2023. 8. Having regard to the disputed questions of fact of the case, this Court is of the view that the proceedings before the learned Assistant Labour Commissioner must be resumed, continued and concluded and a final report may be submitted to the appropriate Government under the provisions of the Industrial Disputes Act, 1947. The appropriate Government may thereafter and if necessary, take steps under the Industrial Disputes Act, 1947. 3 9. The impugned judgment and order dated 2nd December, 2022 shall stand set aside. 10. In view of the above, F.M.A. No. 279 of 2023 is allowed and disposed of. 11. There will be no order as to costs. 12. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)