VidhiSangh

Supreme Court of India · 03/07/2023

THEIR WORKMEN THROUGH THE JOINT SECRETARY (WELFARE), FOOD CORPORATION OF INDIA EXECUTIVE STAFF UNION. versus EMPLOYER IN RELATION TO THE MANAGEMENT OF THE FOOD CORPORATION OF INDIA & ANR.

[2023] 10 S.C.R. 117 · 2023 INSC 588

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court restored the award regularising 21 FCI workmen because management had voluntarily implemented it, expressly absorbed them and benefited from their service for over two decades. Making compliance subject to the pending writ petition did not preserve an unrestricted right to reverse that settled position after prolonged inaction. Management’s separate challenge to reinstatement and back wages was also barred by its earlier recorded stance.

Issues

  1. Whether FCI could undo regularisation after voluntarily implementing the award and retaining the workmen in regular service for decades.
  2. Whether management could challenge reinstatement and back wages after expressly declining to contest them before the Division Bench.

Provisions considered

Held

Result

Workmen’s appeal allowed and management’s appeal dismissed. Division Bench judgment set aside; Single Judge’s order and Tribunal award restored subject to the observations in the contempt order dated 26 July 2022. Pending applications closed; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 117.