Their Workmen through the Joint Secretary (Welfare),
Food Corporation of India Executive Staff Union. ............Appellant
Versus
Employer in relation to the Management
of the Food Corporation of India & Anr. ...........Respondents
CIVIL APPEAL No. 4152 OF 2023
CIVIL APPEAL No. 4153 OF 2023
In this judgment, the Supreme Court of India reviewed a case that originated from an industrial dispute raised by the Executive Staff Union of Food Corporation of India (FCI) on behalf of 21 casual workers. The workers were retrenched without notice or compensation. The Central Government Industrial Tribunal ruled in favor of the workers, directing the FCI to reinstate them and regularize their services with back wages. The FCI appealed the decision, and a High Court modified the ruling, quashing the direction for regularization but upholding the payment of 75% of back wages. Both parties appealed to the Supreme Court. The Court found that the FCI had voluntarily implemented the Award by reinstating and absorbing the workers in regular service, and it had benefited from their work for over 18 years. Therefore, the Court held that the FCI could not challenge the Award at this late stage and dismissed their appeal. The Court allowed the appeal filed by the workers, restoring the Tribunal's decision for reinstatement and payment of back wages. The Court emphasized the principle of "approbate and reprobate" and the importance of fairness and estoppel in such cases.
3 July 2023