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HIGH COURT OF ALLAHABAD
Rakesh Tiwari
GANNA KISAN SAHKARI CHINI MILLS LTD MUZAFFARNAGAR
Versus
TEHSILDAR JANSATH
Decided On : 04 August 2003
C. M. W. P. Nos. 21970 with 740, 741 and 743 of 1992
Industrial Disputes Act - Termination of Workmen - U.P. Industrial Disputes Act, 1947, Section 6-N, Section 6-H(1) - The judgment discusses the termination of workmen and their entitlement to reinstatement and back wages under the U.P. Industrial Disputes Act, 1947.
Fact of the Case:
The employer terminated the services of workmen, leading to industrial disputes claiming illegal termination without compliance of U.P. Industrial Disputes Act, 1947. The employer argued that the workmen were engaged in a stop gap arrangement for a trial season and were not entitled to protection under the Act.
Finding of the Court:
The court found that the termination of services was illegal and the workmen were entitled to reinstatement and back wages. The court also dismissed the employer's challenge to the recovery citation under Section 6-H(1) of the Act.
Issues: The issues revolved around the legality of the workmen's termination, their entitlement to protection under the U.P. Industrial Disputes Act, and the challenge to the recovery citation.
Ratio Decidendi: The court held that the termination of services was not legal and justified, and the workmen were entitled to be called for work in the next season. The court also emphasized the burden of proof on the employer to establish the nature of appointment of the workmen.
Final Decision: The writ petitions were dismissed, and the workmen were held to be entitled to the amount due under the recovery certificate as well as arrears of salary with compound interest. The interim order was vacated, and no costs were awarded.
Heard the Counsel for the parties and perused the record.
2. These Writ Petitions No. 740 of 1992, 741 of 1992 and 743 of 1992, were filed by the petitioner against the awards of the labour Court II, Meerut. No interim order was granted in the petitions. During the pendency of the writ petitions, citations were issued for recovery of Rs. 71,260/-plus interest in respect of each of the respondent workman. The petitioner has challenged the recovery citation in Writ Petition No. 21970 of 1992. These writ petitions shall be dealt with one by one hereinafter in the judgment. The services of workmen Nirbhay Singh, Navin Kumar and Jaivir Singh were terminated by the employer with effect from 6-8-1995.
3. The Writ Petition No. 21970 of 1992 has been filed at the instance of The Ganga Kisan Sahkari Chini Mills Ltd. Morana, Muzaffarnagar for quashing the impugned order dated 15th May, 1992 and the impugned citation dated 7th February, 1992, Annexures 4 and 5 respectively to the writ petition.
4. The services of workmen Nirbhay Singh, Navin Kumar and Jaibir Singh, who are alleged to have been engaged as Juice Heater Attendants in trial season 1984-85, were terminated by the employer with effect from 6-8-1995.
5. All the workman raised industrial disputes claiming that their services had been illegally terminated without compliance of the provisions of Section 6-N of the U. P. Industrial Disputes Act, 1947, which were referred to by the State Government in exercise of powers under Section 4-K of the Industrial Disputes Act, 1947 to the labour Court II at Meerut. The following reference was made by the State Government for adjudication before respondent No. 1 in respect of Nirbhay Singh, which was registered as Adjudication Case No. 161 of 1989 :
"kya SEWAYOJAKO DWARA APNE SHRAMIK NIRBHAY SINGH PUTRA SHRI KALU RAM, JUICE AEATER ATTENDANT KI SEWAE DINANK 6-3-85 SE SAMAPT KIYA JANA UCHIT TATHA/athwa VAIDHANKI HAI? YADI NAHI, TO SAMBANDHIT SHRAMIK KYA LABH/anutosh (RELIEF) PANE KA ADHIKARI HAI, TATHA KISI ANYA VIVRAN SAHIT?"
6. Writ Petition No. 740 of 1992 has been filed by the employer challenging the award dated 29-1-1991 passed by respondent No. in Adjudication Case No. 161 of 1989 granting the relief of reinstatement and back wages to the workman.
7. The industrial dispute raised by the workman Jaivir Singh was referred to the labour Court II, Meerut, where it was registered as Adjudication Case No. 164 of 1989 :
"kya SEWAYOJAKO DWARA APNE SHRAMIK JAI VEER SINGH (PURTA SHRI RAM LAL) P. H. RECORDER KI SEWAE DINANK 6-3-1985 SE SAMAPT KIYA JANA UCHIT TATHA/athwa VAIDHANIK HAI? YADI NAHI, TO SAMBANDHIT SHRAMIK KYA LABH/anutosh (RELIEF) PANE KA ADHIKARI HAI, TATHA KISI ANYA VIVRAN SAHIT. "
8. Writ Petition No. 741 of 1992 has been filed by the petitioner challenging the award dated 25-1-1991 passed by respondent No. 1 in Adjudication Case No. 164 of 1989 by which the relief of reinstatement with back wages has been granted to the workman.
9. In Writ Petition No. 743 of 1992 the petitioner has challenged the award dated 25-1-1991 passed by the labour Court II, Meerut by which the relief of reinstatement and back wages was granted. The workman Naveen Kumar also raised an industrial dispute, which was also referred to by the State Government to the labour Court II, Meerut, where it was registered as Adjudication Case No. 162 of 1989:
"kya SEWAYOJAKO DWARA APNE SHRAMIK NAVIN KUMAR (PUTRA SRI KHORU MAL) JUICE HEATER ATTENDANT KI SEWAE DINANK 6-3-1985 SE SAMAPT KIYA JANA UCHIT TATHA/athwa VAIDHANIK HAI? YADI NAHI, TO SAMBANDHIT SHRAMIK KYA LABH/anutosh (RELIEF) PANE KA ADHIKARI HAI, TATHA HIS ANYA VIVRAN SAHIT?"
10. Respondent/workmen claimed themselves to be permanent appointees and it was pleaded that the provisions of the Industrial Disputes Act and the Standing Order have been violated.
11. The case of the petitioner in all these case was that Ganga Kisan Sahkari Chini Mills Ltd. Is a seasonal factory, commenced its trial season onl
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