The Hon’ble Supreme Court of India addressed a Contempt Petition (Civil) in the case- Their
Workmen through The Joint Secretary (Welfare) Food Corporation of India Executive Staff
Union v. Sri Sanjay Kumar Bhandari & Ors. The Apex Court, as a Court of Record, attended
this case under a Special Leave Petition.
Contempt Petition No.- No. 366 OF 2021
SLP No. – No.3656 OF 2021
FACTUAL MATRIX
Under the given case, earnest efforts were made to provide speedy justice to the workers of
FCI. In the year 1990, these workmen were illegally retrenched from work and could only be
absorbed back by the virtue of the High Court order in 2004. However, these
workmen/Petitioners, despite committing their entire service life to FCI, were denied their
rightful dues and consequential benefits.
Hence, the Learned Senior Counsel Shri Vikas Singh, assisted by the SKV Law Commercial
Team filed a Contempt Petition in the Supreme Court of India to ensure the rightful
settlement to these workmen/Petitioners.
It was brought to the Court’s attention that the current payments were made as per Column 7
of the Comparative Chart of Salaries of Workers. However, under the stay order given by the
same court on 8th March 2021, the Respondents were expected to pay the workmen as per
the 3rd Column of the Comparative Chart. Payments under Column 3 are based on the gross
pay drawn as on December 2020, which is the date of the impugned judgment of the High
Court.
Hence, as per Section 2(b) of the Contempt of Courts Act, 1971, wilful disobedience of a
court decree was observed.
RULING
The Hon’ble Court recognized the justifiability of the Contempt and the decision was made in
favor of the Petitioners.
The Hon’ble Court also took cognizance of three special cases of workers- those who have
superannuated in December 2021; those who did not report for duty; and one person named
Late Nirmalendu Kumar who passed away on 27.07.2011. For them and the rest, the Hon’ble
court ruled that:
● For Nirmalendu Kumar and those who have superannuated, the arrears are to be paid
as per the date of superannuation.
● The arrears need not be paid for those workers who have not reported for duty for the
period they did not report.
● For the rest, the Apex Court ruled that the Respondents must pay the arrears of
payments to the workers, from the date of the order of the stay.
Therefore, the Hon’ble Court laid out the necessary directives for providing dues to these
workmen as permanent workers for the past two years.
The Petitioners/Workers in the case were represented by Senior Advocate Shri Vikas Singh.
He was assisted by the learned advocates of the SKV team including, Mr. Varun Singh, Ms.
Deepika Kalia, Mr. Kapish Seth, Mr. Priyanka Khosla, Ms. Alankriti, Mr. Mrityunjai
Singh, and Mr. Udita Singh.
SKV Comment
The Hon’ble Supreme Court in Their Workmen through The Joint Secretary (Welfare) Food
Corporation of India Executive Staff Union v. Sri Sanjay Kumar Bhandari & Ors, has taken
note of the Respondent’s failure to observe a stay granted by this court vide order dated
8.03.202. The Court, consequently disposed of the Petition in favor of our client, Their
Workmen through The Joint Secretary (Welfare) Food Corporation of India Executive Staff
Union. The Apex Court also laid out the future course and manner of disbursal of arrears of
pending payments to the workers of FCI and thereby prevailing long due justice to them
