FOOD CORPORATION OF INDIA WORKER'S UNION vs THE FOOD CORPORATION OF INDIA

The Supreme Court addressed the issue of appointment of kith and kin of deceased workmen who were retrenched but entitled to reinstatement under the order dated 16.7.1996. The Court held that those who died after being directed for reinstatement must be deemed to have died in harness, thus allowing their dependents to be considered for appointment on compassionate grounds. The Court rejected the respondents' argument that the circular dated 7.8.1989 applied only to those who were actually working at the time of death, affirming the applicability of the earlier orders to the deceased workmen's families.