Summary
Clerical workers sought regularisation in FCI through writ petitions, but the documents showed appointment by a head-load workers’ cooperative society. The Supreme Court upheld dismissal because they failed to establish employment by FCI and could not claim parity with a materially different industrial-reference case.
Issues
- Whether clerical staff appointed by a cooperative society established a right to regularisation in FCI.
Held
- A bare assertion of employment by FCI did not establish the necessary relationship. The documents showed appointment by the cooperative society, FCI substantiated that position, and the appellants produced no documentary basis for treating FCI as their employer. Any service remedy, if available, lay against the society. (¶ 8)
- The industrial-reference litigation relied on by the workers did not assist them: the proceedings and material facts differed, and no factual parity or employer–employee relationship with FCI was established in these writ petitions. (¶¶ 9, 10, 11)
Result
Appeals dismissed; rejection of the claims for regularisation in FCI upheld.