JUDGEMENT
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(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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