GANGA KISAN SAHKARI CHINI MILLS LTD Vs. JAIVIR SINGH
LAWS(SC)-2007-9-121
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on September 24,2007

GANGA KISAN SAHKARI CHINI MILLS LTD Appellant
VERSUS
JAIVIR SINGH Respondents

JUDGEMENT

- (1.) In these appeals challenge is to the order passed by a learned Single Judge of the Allahabad High Court dismissing the writ petitions filed by the appellants. In the writ petitions, challenge was to the awards made by the Presiding Officer, Labour Court (2), Meerut (hereinafter referred to as the 'Labour Court'). By the impugned award, the Labour Court had directed re-instatement of the respondents-workmen and payment of back wages and retaining allowance. The Labour Court's awards were in relation to the references made under the Industrial Disputes Act, 1947 (in short the 'Act'). Reference in all these cases related to the claim for re-instatement and back wages to which the concerned workmen were entitled to. The claim was founded on the basis that termination of services in each case was illegal. The reference reads as follows (by way of sample): "Kya Sewayojako Dwara Apne Shramik Jai Veer Singh (Putra Shri Ram Lal), P.H. Recorder Ki Sewae Dinank 6.3.1985 se Samapt Kiya Jana Uchit Tatha/Athwa Vaidhanki Hai Yadi Nahi, to Sambandhit Shramik Kya Labh/Anutosh (relief) Pane Ka Adhikari Hai, Tatha Kisi Anya Vivran Sahit -
(2.) The workmen claimed that they were permanent appointees and the orders of termination were contrary to the provisions of the U.P. Standing Orders.
(3.) The appellants' case was that it was a seasonal factory which commenced its trial season only in the year 1984-85 and certain persons were taken as casual employees on daily wage basis and they did not have any lien on any permanent or seasonal post as the factory was to commence production after the trial season 1984-85 was over after the establishment of the sugar factory.;


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