SANGEETA CHANDRA,J. - (1.) This writ petition has been filed by petitioner Company which is a purchaser of U.P. State Sugar Corporation Limited Unit/Sugar Factory situated at Rohana Kalan, Muzaffar Nagar. The U.P. State Sugar Corporation Limited had several sugar factories including the Unit situated at Rohana Kalan. It was declared a Sick Company by the Board of Industrial and Financial Reconstruction under the Sick Industrial Companies Act in 1984.
(2.) The petitioner, Indian Potash Limited, took over the Sugar Unit in a slump sale agreement on 07.12.2010. In the sale deed, under Clause - 2.6, the contingent liability and legal cases pending in respect of the Unit were also transferred by the seller to the purchaser, and Indian Potash Limited therefore became liable in terms of the Award dated 26.02.2010 passed by the Respondent No. 1 in Adjudication Case No. 37 of 2006. The petitioner has therefore approached this Court challenging the Award on various grounds.
(3.) The case set up in the writ petition is to the effect that the Respondent No. 2 was engaged by Sugar Mill on a purely temporary ad hoc basis as a substitute Chowkidar for a short time only during the seasonal functioning of the Mill. The Respondent No. 2 never worked continuously for a whole year. He was not a regular employee of the Establishment. Therefore, his case of alleged illegal termination should not have been referred under Section 4-K of the U.P. Industrial Disputes Act, 1947 by the State Government to the Respondent No. 1 for adjudication. The Reference under Section 4-K dated 23.01.2006 was "whether the action of the Employer in terminating the service of Shri Jay Prakash, son of Ram Chandra, Security Guard, during the season of 1999-2000 was proper' If not, to what relief he was entitled?";