Sangeeta Chandra, J. - (1.) Heard Shri Diptiman Singh for the petitioner and Shri Ajay Kumar Srivastava appearing for the respondent No. 3, workman concerned.
(2.) This petition has been filed challenging the Award dated 29.07.2013 passed by the Industrial Tribunal (5), Uttar Pradesh, Meerut in Adjudication Case No. 38 of 1999 in the matter of M/s. Daurala Sugar Works, Daural Vs. Vijendra Singh. The Award was published on 15.04.2014. The Industrial Tribunal, the respondent No. 2, granted relief of reinstatement of the respondent No. 3 as unskilled mazdoor on temporary basis and further directed the petitioner to conduct an examination on technical knowledge of the respondent No. 3 and thereafter provide him a permanent status in the establishment. Additionally, Rs. 2,000/- has been awarded to the workman as cost of the litigation.
(3.) The facts of case as evident from the pleadings on record are to the effect that the petitioner is a unit of M/s. DCM Shriram Industries Limited, New Delhi. The petitioner is engaged in the manufacture of crystal sugar through vacuum pan process. It has several units including the unit situated at Daurala, District Meerut. The nature of sugar industries being seasonal, it normally works from November to April each year and engagement of employees is governed by Standing Orders issued under Clause - B of Section 3 of the U.P. Industrial Disputes Act, 1947 . The Standing Orders governing the conditions of employment of workmen in Vacuum Pan Sugar Factories of the U.P. contain a classification of workmen as (i). Permanent, (ii). Seasonal, (iii). Temporary, (iv). Probationers, (v). Apprentices, and (vi). Substitutes.;