W.P.(C)/5930/2021 of FOOD CORPORATION OF INDIA SHRAMIK UNION Vs UNION OF INDIA & ORS.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 14.06.2021

+ W.P. (C) 5930/2021 & CMs No. 18703-04/2021

FOOD CORPORATION OF INDIA SHRAMIK UNION

.....Petitioner

Through: Mr.R.M.Sinha and Mr.P.M.Sinha, Advs.

Versus .....Respondents Through: Mr. Om Prakash, SC with Mr.Pradeep Kumar Tripathi and Mr. Anil Kapoor, Advs. for Respondent No.2 & 3/FCI

UNION OF INDIA & ORS.

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLAHON'BLE MS. JUSTICE ASHA MENON

NAVIN CHAWLA, J. (Oral)

This petition has been heard through video conferencing.

1.This petition has been filed by the petitioner with the following

prayers:-

“In view of the above stated facts and circumstances of the case it is most humbly prayed that this hon'ble court may kindly be pleased to issue writ of mandamus, certiorari and/or any other appropriate writ or directions thereby prohibiting the respondent nos.2 & 3 from transferring (i) En-bloc 246 departmental labourers of FSD Narayanpur Anant (NRPA), Muzaffarpur (Bihar) (ii) En-bloc 61 labourers of ARDC Jamui-Bihar (notified depot), to any other

depot with view to substitute them with contract labourers under the mandate of guidelines dated 12.07.2016 and 31.12.2020 issued by the FCI, challenged by way of writ petitions (civil) no. 5449 of 2021 (formulated under the garb of the notification for exemption u/s 31 of the CL (R&A) act 1970 Challenged vide Writ Petition (Civil) no. 6192/2016, writ petition bearing No. 7627/2016 and Writ Petition No. bearing 7241/2016 pending in this Hon'ble court) and in addition to above, quashing thee — tender notice no.S&c -13/1/2021/e - tend/nit dated 19.05.2021 for the appointment of contractor, and all the proceedings initiated in furtherance thereof and pursuant thereto.

Such other or/and further orders may also be passed in favour of the petitioners and against the respondents as this Hon'ble Court may deem fit and proper under the present circumstances of the case.”

2.As is evident from the above, the petitioner challenges the transfer of departmental labourers posted at FSD Narayanpur Anant (NRPA), Muzaffarpur (Bihar) and labourers posted at ARDC Jamui-Bihar, as also the E-tender dated 19.05.2021 issued by the Food Corporation of India (FCI), Regional Office, Patna.

3.On the query made to the learned counsel for the petitioner that as the cause of action pleaded by the petitioner has arisen in Patna, this Court would lack territorial jurisdiction for entertaining the present petition, the learned counsel for the petitioner submits that the impugned action has been taken by the respondents pursuant to the Guidelines dated 12.07.2016 issued by the FCI and the challenge thereto is pending adjudication before this Court. He further submits that similar petition challenging the transfer of labourers posted at Assam has been

entertained by this Court in W.P. (C) 5449/2021, titled FCI Handling Workers Union vs. Union Of India & Anr.

4.We are not impressed with the arguments made by learned counsel for the petitioner. Whether the impugned action is in terms of and as result of the Guidelines dated 12.07.2016 issued by the FCI can only be answered by the Regional Office at Patna. As far as the prayers made in the present petition, the cause of action has arisen at Patna, i.e. outside the jurisdiction of this court.

5.The reliance of the learned counsel for the petitioner on the order dated 25.05.2021 passed by this Court in W.P.(C) 5449/2021 is also ill-founded inasmuch as the said petition was merely directed to be listed along with an already pending petition before this Court, without answering the objection of maintainability of the petition before this Court. In fact, from reading of the order, it appears that the coordinate Bench in the said petition was also prima facie not convinced with the maintainability of the petition before this Court.

6.In view of the above, the present petition is dismissed along with the pending applications leaving it open to the petitioner to agitate its claim before the Court of competent jurisdiction.

7.There shall be no order as to costs.

(NAVIN CHAWLA) VACATION JUDGE

JUNE 14, 2021/s

(ASHA MENON) VACATION JUDGE