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2015 Supreme(All) 647

ASHWANI KUMAR MISHRA
PRATAP PUR SUGAR AND INDUSTRIES LTD. – Appellant
Versus
LABOUR COURT GORAKHPUR – Respondent


Advocates:
Counsel :
Rakesh Tiwari, Ashok Mohiley, G.K. Singh, P.K. Mukherji, V.K. Singh and Diptiman Singh for the Petitioner; S.C. and Shyam Narain for the Respondents.

JUDGMENT

Hon’ble Ashwani Kumar Mishra, J.—Consequent upon a reference made to it, under Section 4(k) of the U.P. Industrial Disputes Act, 1947, labour Court has found that non-engagement of respondent-workman at the start of crushing season 1980-81 w.e.f. 1.12.1980 was illegal and unjustified, and as such, workman has been held entitled to reinstatement alongwith entire back wages, and reference has been answered accordingly. Thus aggrieved with the award dated 27.2.1985, in adjudication case No. 15 of 1982, petitioner-employer has filed present writ petition.

2. Petitioner-employer M/s. Pratappur Sugar Pvt. Ltd. is a company, registered under the Indian Companies Act, which is running a sugar mill at Pratappur, District Deoria. During pendency of this writ petition, name of petitioner company has been changed to Bajaj Hindustan Sugar Mill Industries Ltd., Sugar Unit Pratappur, Deoria, and an amendment in the array of parties has also been allowed.

3. For running of the sugar mill, petitioner-employers engages workman. Service conditions of workmen thus engaged are governed by standing orders issued under Section 3(b) of the U.P. Industrial Disputes Act, 1947. Respondent-workman her



















































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