WORKMEN OF L H SUGAR FACTORIES AND OIL MILLS Vs. LABOUR COURT
LAWS(ALL)-1965-12-2
HIGH COURT OF ALLAHABAD
Decided on December 07,1965

WORKMEN OF L H SUGAR FACTORIES AND OIL MILLS Appellant
VERSUS
LABOUR COURT Respondents




JUDGEMENT

- (1.)THIS petition under Article 226 of the Constitution arises out of the following circumstances: The facts of the case as stated in petition, briefly, are that the manager of L. H. Sugar Factories and Oil Mills (Private), Ltd. , opposite party 2 to the petition, by his order dated 6 February 1958, changed the designation of the petitioner 2 from 'incharge, cane office' to 'sugar storekeeper. ' Petitioner 2 disputed the correctness of the order and submitted his representation and prayed that the order be set aside. The changing of the designation of the petitioner gave rise to an industrial dispute. The dispute could not be amicably settled in conciliation proceedings and consequently the State Government referred the following matters of dispute for adjudication to the labour court, Bareilly:
(1) Should the employers be required to restore the designation of Bachan Singh Chauhan, son of Sri N. S. Chauhan, from sugar storekeeper to cane office incharge? If so, with what details ? (2) Should the employer be required to transfer Bachan Singh Chauhan, son of N. S. Chauhan, from sugar godown to cane office ? If so, with what details ?

(2.)THE labour court registered the case and served notices on the parties who filed their written statements and rejoinder statements. The labour court gave its award on 30 July 1960 and it was published in the Uttar Pradesh Gazette dated 27 August 1960. The labour court, held that the petitioner was permanently working in the sugar godown as a sugar storekeeper and hence his designation of incharge cane office became a misnomer. The labour court therefore answered the matters of dispute in negative. It is stated in Para. (6) (h) of the petition that the issue whether the petitioner 2 is not incharge cane office but sugar storekeeper was also adjudicated by Sri K. N. Singh, presiding officer, industrial tribunal (II), Uttar Pradesh, Allahabad, in Adjudication Case No. 19 of 1959; issue (1) in that adjudication case was framed in the following words: Is Bachan Singh Chauhan not inchargo, cane office, but sugar storekeeper ?
(3.)SRI K. N. Singh held that petitioner 2 held the status and rank of incharge cane office and not of the sugar storekeeper. That award was not challenged by the employer in any manner and according to the petitioner became final and binding, The petitioner in Para. 6 (j) of the petition states that the designation of incharge cane office carries with it a higher post and a work of greater responsibility than sugar storekeeper and is below in rank only to that of cane manager and as such petitioner 2 has greater prospects as incharge cane office. The post of sugar storekeeper, head storekeeper, incharge, sugar sale office, sugar, is below the rank of additional head sugar storekeeper, sale incharge and the manager and in that post petitioner 2 held very little prospects of rise in the service. According to the petitioner the change in his designation amounts to demotion.
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