ORDER B.M. Lal, J.
1. This writ petition under Article 226 of the Constitution is filed by the Food Corporation of India through the Distt. Manager, Food Corporation of India, Agra (for short F.C.I.) challenging the judgment passed by the Special Judge/Distt. & Sessions Judge, Aligarh, the respondent No. 1, dated March 27, 1985 awarding wages and the order dated March 28, 1987 passed by the Authority acting under the Payment of Wages Act (contained in Annexures 2 and 4 respectively) in favour of the respondent No. 3, Shashi Kant Chaturvedi and against the F.C.I.
2. Learned counsel for the petitioner contended that the F.C.I. is neither factory nor industry nor establishment as specified in Section of 2(ii)(a to g) of the Payment Wages Act. Therefore, the application as framed and filed before the authorities claiming wages under the Payment of Wages Act was not maintainable and the respondents 1 to 2 have committed error of law in awarding the payment in favour of respondent No. 3.
3. Before proceeding to deal with the merits of the case it has to be kept in mind that the Payment of Wages Act is enacted to ensure justice to both the employers and employees so as to advance the progress of the undertakings and to keep harmony and create cordial relations between them and therefore, in such matters doctrine of social justice which is founded on the ideology of social and economic equality, is of paramount considerations. Thus the Payment of Wages Act, being a social legislation, is to be construed in such a manner so as to achieve the main object of the Act. In this back drop, the relevant provisions of the Payment of Wages Act involved in the instant case, are to be examined and construed so as to harmonise the relationship between the employer and employees.
4. This fact is not disputed that F.C.I. a statutory body constituted under the Food Corporation of India Act, 1964 with certain aims and objects and for discharging its duties and obligations it employs employees of different categories. In the instant case the respondent No.3 was employed by the F.C.I. in its Food Storage Depot at Agra. Some dispute in respect of payment of wages appears to have arisen between the petitioner and the respondent No. 3. Consequently the respondent No.3 moved an application under Section 15 of the Payment of Wages Act before the respondent No. 2. The respondent No. 2 by order dated March 27, 1985 passed orders for Payment of wages, which has been upheld by the respondent No. 1 in appeal. Hence this petition.
5. The main contention raised by learned counsel for the petitioner is that F.C.I. is neither a workshop nor industrial or other establishment therefore, the provisions of the Payment of Wages Act have no application in respect of its employees.
6. Now, this Court has to examine as to whether the provisions of the Payment of Wages Act have application to the Food Corporation of India and its employees or not and for that purpose we have to look into various provisions of the Payment of Wages Act itself.
7. Section 1(4) of the Act provides that it applies in the first instance to the payment of wages to persons employed in any factory and to persons employed otherwise than in a factory upon any railway by a railway administration or either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration and to persons employed in an industrial or other establishment specified in Sub-clauses (a) to (g) of Clause (ii) of Section 2.
8. Then Sub-section (5) of Section 1 of the Act provides that the State Government may by notification in the Official Gazette, extend the provisions of this Act or any of them to the payment of wages to any class of persons employed in any establishment or class of establishments specified by the Central Government or a State Government under Sub-clause (h) of Clause (ii) of Section 2.
9. However, as far as the provisions of Sub-section (5) of Section 1 referred above are concerned, it is submitted that no Notification is issued so far by the State Government of U.P. Be that as it may, but in case no such Notification is issued by the State Government, Sub-clause (5) of Section 1 would be of no relevance for the purposes of present case.
10. Then the provision of Section 2(ii)(f) of the Act is relevant which reads as under:
"an industrial or other establishment means any:-
(f) "workshop or other establishment in which articles are produced, adapted, or manufactured with a view to their use, transport or sale."
Further, the provisions of Sub-clause (g) of Clause (ii) of Section 2 reads as under:
"(g) establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or the supply of water, or relating to the generation, transmission and distribution of electricity or any other form of power is being carried on;"
11. The term 'adapted' used in Sub-clause (f) quoted above is very relevant, therefore, while construing this provision the meaning of the term 'adapted' must be taken into consideration. According to 'LEGAL GLOSSARY' the word 'adapt' means to make suitable, to alter so as to fit for a new use or condition. According to 'THE NEW LEXICON WEBSTER'S DICTIONARY of the English language, the word 'adapt' means to put (oneself) in harmony with changed circumstances, to adapt oneself to a lower standard of living, to make more suitable by altering. So also in the LAW LEXICON, adapt means to make suitable, to fit or suit, to adjust, to alter so as to fit for a new use. Thus the term 'adapt' includes to make suitable, to fit or suit, to adjust, etc. Therefore, by virtue of Sub-clause (f) referred above the workshop or other establishment in which articles are made suitable or fitted or adjusted meaning thereby adapted with a view to their use, transport or sale, is covered within the definition of an industrial or other establishment. Under Sub-clause (f) the requirement is not that the articles are adapted with a view to their use alone. Even if the articles are adapted with a view to their transport or sale in a workshop or other establishment such workshop or other establishment would be an industrial or other establishment within the meaning of Sub-clause (f) of Clause (ii) of Section 2.
12. A perusal of the notification dated February 21, 1977/November 27, 1984 (Annexure C.A.1) read with circulars dated July 3, 1987, October 6, 1987, August 20, 1987 issued by the Food Corporation of India itself (Annexures C.A. 3, 4, and 5) makes it crystal clear that the Shops and Commercial Establishments Act is applicable to the Food Corporation of India, therefore, on this count too the provisions of the Payment of Wages Act are applicable to the petitioner.
13. In the instant case primary duty of the Food Corporation of India appears to be to undertake the purchase, storage, movement, transport, distribution and sale of food grains and other food stuffs. They are cleaned, segregated, fumigated and qualitywise made saleable in the F.C.I. godowns. Thus, it is clear that the foodgrains and other food stuffs are adapted in F.C.I. godowns with a view to their transport and sale and as such petitioner is covered within the definition of industrial and other establishments within the meaning of Sub-clause (f) quoted above.
14. The Apex Court in Food Corporation of India Workers Union v. Food Corporation of India AIR 1985 SC 488 has taken the view that F.C.I. is an industrial establishment.
15. In view of the discussions made above this Court is of the considered opinion that the Payment of Wages Act is fully applicable to the petitioner and its employees and therefore, the application as framed and filed by the respondent No. 3 for payment of wages, was clearly maintainable and the respondents Nos. 1 and 2 have rightly directly directed and affirmed the payment of wages to the respondent No. 3 and thus, there is no legal infirmity in the impugned orders and therefore, no interference by this Court is called for.
16. In the result the writ petition fails and is dismissed. There shall be no order as to costs.