R.K.Agrawal, J. - (1.) All these writ petitions involves a common question of law and have been filed by the same employer. They have been heard together and are being decided by a common judgment.
(2.) The Kisan Sahkari Chini Mills Limited (hereinafter referred to as "the petitioner") is a registered co-operative society running a sugar mill at Nazibabad in the District of Bijnor. It is engaged in the business of manufacture and sale of crystal sugar by vacuum pan process having a crushing capacity of 1250 TCD. In the last week of January, 1990, the petitioner issued an advertisement in the newspaper inviting applications for 25 Apprentice Clerk. The training period specified was for one year and the selected apprentices were to be given stipend of Rs. 700.00 p.m. Pursuant to the aforesaid advertisement, all the respondents applied and were appointed on the post of the Apprentice Clerk. The appointment letters were issued in the last week of March, 1990. The respondents joined and continued to work till 8th July, 1991. It may be mentioned here that the period of apprenticeship was extended till 30th June, 1991. Being dissatisfied with their disengagement, the respondents raised industrial dispute which was referred for adjudication to the Labour Court, Rampur. The Labour Court, vide separate awards, dated 31st May, 2002, held that the termination of the services of each of the respondent workmen with effect from 30th June, 1991 is illegal and directed for reinstatement with full back wages and continuity of service. The Labour Court had found that under Section 2(z) of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as "'the U.P. Act"), the definition of the word "workman", includes apprentice and therefore, the respondents are workmen. It further held that each of the respondents have worked for 240 days in a year and therefore, the termination is illegal as the procedure prescribed under the U:P. Act has not been followed. The awards given by the Labour Court are under challenge in the present petitions.
(3.) I have heard Sri A.K. Misra, the learneed Counsel appearing for the petitioner, and Sri G.R. Jain, the learneed Counsel appearing for the respondent workmen in all the writ petitions.;