- (1.) HEARD Ms. Gajala Kadri on behalf of K. P. Agarwal, learned counsel for the petitioner, learned Standing counsel for respondent No. 1 and Sri Vinod Swaroop appearing for respondent Nos. 2 and 3. This petition has been filed challenging the validity and correctness of the award dated may 16, 1985 and prayer for quashing of the same. The petitioner has further prayed for a writ in the nature of mandamus commanding the respondent Tribunal for providing the benefit of fixing a pay scale and other facilities such as overtime wages, leave holidays etc. at par under the same category of personnel employed under the corporation.
(2.) THE workers involved in the present writ petition were employed in the canteen at hindustan Aluminium Corporation Ltd. Renukoot, Mirzapur. The workers claimed the facilities of bonus, wages, and leave holidays and raised an industrial dispute in this regard which was referred by the State Government to Industrial tribunal (1) U. P. Allahabad wherein following reference was made: "vernacular matter omitted. "
(3.) THE aforesaid reference was registered by the Tribunal as adjudication case No. 29/1983. On receipt of summons, the parties filed their respective written as well as rejoinder statement. The claim of the workman appears to be that they were doing the same work as was being done by the workmen employed through respondent No. 3 proprietor of the Renukoot canteen and Labour Supplier, Renukoot, mirzapur that the said work of canteen was essential for the manufacturing process of the respondent corporation and as such the workman employed through the respondent no. 3 who in fact were the employees of respondent No. 2 -Hindalco Aluminium Co. Ltd. (hereinafter referred to as the 'company')were entitled to the same pay scale, bonus and other similar benefits at par with the employees of the said company. The case of respondent No. 2-company was that the work in canteen was done by members of the petitioners sabha employed by the contractor Rajendra Kumar respondent No. 3, hence they not being a workman of the company were not entitled to benefits of pay scale given by the company to its workman.;