- (1.) Leave granted.
(2.) The respondent Nos.2-15, who are members of the respondent No.1 Union, and had admittedly been employed under the appellant as "seasonal workmen" as defined in the Standing Orders governing the conditions of employment of workmen in vacuum pan sugar factories of the State, raised a claim that although they had been categorized as "seasonal workmen" they had been employed by the appellant not only during the crushing season but throughout the year. It is their grievance that although their services were utilized as permanent workmen they were paid the salary given to seasonal workmen. They, therefore, made a representation to the Conciliation Officer which ultimately resulted in a Reference made by the State of Uttar Pradesh to the Labour Court on 3.11.1989. The terms of Reference are as follows: i) Whether 39 employees mentioned in the Schedule 'Ka' can be declared permanent by their employer. If yes, from which date and with other details ; ii) Whether the 28 workmen mentioned in the Schedule 'Kha' are to be given salary/pay scales on the posts mentioned against their names by their employer. If yes, from which date and with other details -
(3.) At the very outset it may be recorded that out of 39 employees, referred to in the terms of reference, 8 have died or have retired from service; 13 have been made permanent; 4 workmen have not pressed their claim before the Labour Court and only 14 workmen, mentioned in Schedule 'Ka', had continued with their claim before the Labour Court.;