M/S GANGESHWAR LTD. SAHARANPUR Vs. STATE OF U.P.
LAWS(ALL)-2017-5-84
HIGH COURT OF ALLAHABAD
Decided on May 31,2017

M/S Gangeshwar Ltd. Saharanpur Appellant
VERSUS
STATE OF U.P.,M/S Gangeshwar Ltd. Saharanpur v. State of U.P. Respondents

JUDGEMENT

SANGEETA CHANDRA,J. - (1.) Heard, Shri Diptiman Singh, counsel for the petitioner, Shailesh Kumar Shukla, counsel for respondent No.3 (Ajab Singh) workman. This writ petition has been filed by the petitioner which is a company incorporated under the Companies Act, which used to known as M/S Gangeshwar Ltd., Deoband, Saharanpur, but since Year-2000, it is known as Triveni Engineering and Industries Limited, Deoband, Saharanpur. In this writ petition, the petitioner has challenged the award of Labour Court Dehradun dated 31.10.2001 in Adjudication Case No.325 of 1999 on a reference made to it under Section-4(K) of the U.P. Industrial Disputes Act, 1947. The reference which was to be answered was whether the services of the workman Ajab Singh son of Kaloo Ram cane weighment clerk had been illegally terminated since crushing season 1998-1999 and in case, it is so, what the relief can be claimed by Ajab Singh, workman.
(2.) It is the case of the petitioner that it is a sugar company engaged in the manufacture of crystal sugar through vacuum pan process. The nature of industry is seasonal and the crushing season normally begins from Ist of November and lasts upto April the following year. Services of its employees are regulated by Standing Orders setting out the conditions of employment of workmen employed by the sugar factories in U.P. issued by the Government under Section-3 of the U.P. Industrial Disputes Act.
(3.) Under Clause-(B) of the Standing Orders, there is a classification of workman as permanent, seasonal, probationers, apprentices and substitutes. Different kinds of work is being performed by different kinds of employees as duly classified under the Standing Orders.;


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