Sunil Ambwani - (1.) -Heard Shri P. M. N. Singh, senior advocate assisted by Shri Amit Kumar Singh for M/s. Sahkari Ganna Vikas Samiti Ltd.-the employer. Shri Shyam Veer Singh-the employee appeared in person and argued his case.
(2.) THESE four writ petitions arise out of a labour dispute between M/s. Sahkari Ganna Vikas Samiti Ltd., Khatauli, Muzaffarnagar, and the respondent-employee, who had worked in the society as a seasonal clerk. The Writ Petition No. 4968 of 1999 arises out of an award of the Industrial Tribunal dated 26.3.1998, published on 21.9.1998, on a reference made by the State Government to consider whether the termination of the services of workman-Shri Ram Veer Singh son of Shri Ram Sharan, by the employers on 7.10.1994, was legal and proper, and if not, the benefits/relief, which the workman is entitled to receive with other details and dates? The workman alleged that he was employed as a seasonal employee in 1978 and had worked in every season. In the season of 1994-95, which began on 7.10.1994 he was not called for work by the employers inspite of the fact that he had given his joining report on 10.10.1994. He gave a registered notice through his counsel to which no reply was given by the employer.
(3.) THE employers, in their written statement, alleged that the workman was seasonal clerk. He did not report for joining in the season of 1994-95 (beginning from 21.10.1994 to 12.5.1995). He was given intimation to join the duties. His services were not terminated. He did not turn up for duties and had left the employment. THE Sugarcane Services Authority is only a regulatory authority and that the workman is an employee of the co-operative society. The Tribunal relied upon statement of the workman that he was not given any intimation. He gave his joining report Ex. W-1 dated 10.10.1994, which was received by Shri Sandeep, the dispatch clerk but he was not allowed to work on which he sent a notice through his counsel dated 1.11.1994 (Ex. W-2). He was not employed for the entire season. The sugarcane started arriving in the factory on 6.10.1994. He was not aware whether the mill started functioning from 21.10.1994. He denied that he had left the employment.;