ARUN TANDON, J. - (1.) HEARD Sri S. D. Singh, advocate on behalf of the petitioner, Sri B.N. Singh, advocate on behalf of the workman and Standing counsel on behalf of respondent nos. 1 and 2. Petitioner employer seeks quashing of the award of the Labour Court dated 26.7.201 1 passed in Adjudication Case No. 1 of2009.
(2.) FACTS in short leading to the present writ petition are as follows: The State Government in exercise of powers under Section 4-K of the Industrial Disputes Act, by notification dated 04.12.2008, referred the following dispute for adjudication to the Labour Court, Saharanpur: Vernacular matter omitted The workman in support of his claim filed a written statement as well as reply to the statement of the employer and also appeared as witness in support of his claim. It was his categorical claim that he was employed as Seasonal Weighment Clerk in the sugar unit of petitioner employer in the crushing season 2006-07. In the crushing season 2007-08 also he was similarly engaged, but all of sudden on 20.2.2008 his services were put to an end without assigning any reason and without holding any enquiry. According to the workman, he being seasonal employee could not be so dismissed and therefore the termination being illegal he is entitled for reinstatement as a seasonal employee.
(3.) THE employer in their written statement denied the relationship of master and servant between the workman and the petitioner and it was their case that the petitioner in fact was employed through a security service and he was not in actual engagement of sugar unit.;