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Food Corporation of India v. Sankar Ghosh & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5079 of 2015)Decided 8 Jul 2015
Civil Appeal No. 5079 of 2015
Justice T.S. Thakur · Justice R.K. Agrawal · Justice R. Banumathi

Background

This order sends the case back; it does not decide the dispute. Workers engaged in depots of the Food Corporation of India claimed they should be regularised as its direct employees. After an earlier order of 3 November 2014, both sides filed additional affidavits and material on the privity of contract and promotion rules.

Decision Breakdown

This is not a final decision on the dispute. The Court said it did not propose to go into the merits of the rival contentions. Without expressing any opinion on the merits, it set aside the High Court's order and sent the matter back to the Division Bench of the Calcutta High Court to consider it afresh in the light of the fresh material.

Lesson Learnt

There is no final ruling yet on whether the workers are entitled to regularisation. The High Court must decide the matter afresh on the additional material filed by both sides.

Official source (sci.gov.in)View Judgment (PDF)

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