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2010 Supreme(All) 1343

PRAKASH KRISHNA
NARAIN ENGINEERING WORKS – Appellant
Versus
INDUSTRIAL TRIBUNAL – Respondent


Advocates:
Counsel :
M.B. Saxena for the Petitioner; S.C., B.N. Singh and S.K. Yadav for the Respondent.

JUDGMENT

Hon’ble Prakash Krishna, J.—The present writ petition has been filed against the award of the Industrial Tribunal passed in adjudication case No. 10 of 1989 dated 5.9.1991 whereby the relief has been granted to Gudar, Panna Lal and Ram Ugrah by designating them as (1) Fitter, category skilled, (2) Pattern-maker, category skilled and (3) Shaperman, category skilled respectively. In respect of other labourers, their claim for fitment was rejected. Facts of the case may be noticed in brief.

2. The petitioner claims that it is a factory registered under the Factories Act and it is engaged in the manufacture of chaff cutters. Manufacturing process of chaff cutters has been described in paragraphs-4 and 5 of the writ petition. The petitioner claims that it is a very small Undertaking and is paying wages to their employees as per rates revised for Engineering Units employing below 50 employees under the Minimum Wages Act. A dispute under Section 4-K of U.P. Industrial Disputes Act was referred to the Industrial Tribunal to the following effect:-

“Kya Sewayojko Dwara Parishisth Main Ullikhit Apne 31 Shramiko Ko Unke Naam Ke Samaksha Darshai Gai Shreni Ke Anusar Vibhajit Karte Huain P



























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