- (1.) Petitioner-employer by means of present writ petition seeks quashing of the award of the Labour Court dated 23rd July, 2011 passed in Adjudication Case No.51 of 2008, whereunder the Labour Court has answered the reference in favour of the respondent-workman and against the employer.
(2.) The Labour Court under the award impugned has held that the workman was a seasonal clerk in the employment of the Sugar unit of the petitioner. He had wrongly been denied engagement from the crushing season 2007-08. The Labour Court has therefore directed that the workman shall be entitled to be restored back as seasonal employee with all the consequential benefits.
(3.) Sri S.D. Singh, learned counsel for the petitioner contends that for being able to invited for work in the ensuing crushing season, it is necessary for the workman to have established that he had actually worked in the last half of the crushing season in view of Clause K of the Standing Orders covering the condition of Employment of Workmen in Vacuum Pan Sugar Factories in U.P., read with U.P. Payment of Retaining Allowances to Unskilled Seasonal Workmen of Sugar Factories Order, 1972.;