SUDHIR AGARWAL,J. - (1.) HEARD Sri S.B. Singh holding brief on behalf of Sri B.L. Verma, learned Counsel for the petitioners and Sri S.S. Nigam, learned Counsel appearing for the respondents.
(2.) AT the outset learned Counsel for the petitioners stated that he does not press his relief regarding regularisation and, therefore, to that extent the writ petition be dismissed as not pressed. He further states that he has been instructed to press this petition only so far as the question of retaining allowance is concerned. The impugned order dated 15/16.9.2006 (Annexure-4 to the writ petition) has been passed by the Managing Director, U.P. State Sugar Corporation and Cane Development Corporation Ltd. Unit Shahganj, Jaunpur rejecting the claim of petitioners for regularisation as well as retaining allowance. Since the relief with respect to regularisation has not been pressed, this Court is not considering the correctness of the impugned order, in so far as regularisation has been denied and is confining the scrutiny thereof only to the extent of retaining allowance. The respondent No. 1 has rejected the claim of petitioners for retaining allowance by observing that they have worked only for 30-40 days in the crushing season of the concerned year and, therefore, in accordance with the Standing Orders, are not entitled for retaining allowance.
(3.) LEARNED Counsel for the petitioner placed reliance on Para K of the Standing Orders covering the conditions governing employment of seasonal workmen in Sugar Factories in State of U.P. which reads as under: "K. Special Conditions Governing Employment of Seasonal Workmen.-A seasonal workman who has worked or, but for illness or any other unavoidable cause, would have worked under a factory during the whole of the second half of the last preceding season shall be employed by the factory in the current season and shall be entitled to get retaining allowance provided he joins the current season and works for at least one month. The payment of retaining allowance shall be made within two months of the date of the commencement of the season. Explanation.-Unauthorised absence during the second of the last preceding in season of a workman who has not been validly dismissed under these Standing Orders and of a workman who has been re-employed by the management in the current season, shall be deemed to have been condoned by the management. 2. Every seasonal workman who worked during the last season shall be put up on his old job whether he was in the 'R' shift or in any of the usual shifts. However, if the exigencies of work so require, the management may transfer a workman from one job to another or from one shift to another including the 'R' shift, so however, that the number of workmen so transferred does not exceed five per cent of total number of the employers of the factory and that the wages and status of such workman is not affected in any way. 3. A seasonal workman, who is a retainer shall be liable to be called on duty at any time in the off season and if he does not report for duty within ten days, he shall lose his retaining allowance for the period for which he was called for duty. 4. Where owing to trade reasons or other reasons necessary for a bona fide Law Off, as given in Standing Order 'J' it becomes necessary for a factory so to do, it may discharge the seasonal workman before the close of the season with the previous permission of the state labour commissioner if he so directs Additional Labour Commissioner or Regional Additional/Deputy Labour Commissioner of the area after paying such compensation to the discharged workman as may be determined by the authority granting the permission." ;