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2013 Supreme(All) 2483

TARUN AGARWALA
TRIVENI ENGINEERING WORKS SUGAR UNIT, MUZAFFARNAGAR – Appellant
Versus
PRESIDING OFFICER – Respondent


Advocates:
Counsel :
C.P. Ghildyal for the Petitioner; Y.K. Sinha for the Respondent.

JUDGMENT

Hon’ble Tarun Agarwala, J.—Heard the learned counsel for the petitioner. No one appears on behalf of the respondents.

2. The petitioner is a sugar factory engaged in production and sale of sugar through Vacuum Pan process. The service conditions of the workmen and other employees of the sugar unit are covered and governed by the Standing Order known as Standing Orders covering the conditions of Employment of Workmen in Vacuum Pan Sugar Factories in Uttar Pradesh.

3. The respondent workmen, being aggrieved by their non employment for the crushing season 1989-90, raised an industrial dispute before the labour Court, which was referred for adjudication. The workman contended that he has been working in the petitioner’s sugar unit since the crushing season 1986-87 and that they had worked in the entire crushing season 1988-89 as a carrier mazdoor. The workmen contended that at the start of the crushing season 1989-90, the workmen presented themselves for being given work, but no work was given to them by the management. The workmen contended that the action of the respondent in not giving them the work was wholly arbitrary and against the Standing Orders of the company, and acc










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