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2018 Supreme(All) 2500

SUNITA AGARWAL
Simbhaoli Sugars Limited – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Rohan Gupta
For the Respondent: C.S.C., Bushra Maryam

JUDGMENT :

SUNITA AGARWAL, J.

1. Heard Sri Navin Sinha learned Senior Advocate assisted by Sri Rohan Gupta learned counsel for the petitioner and Ms. Bushra Maryam learned counsel for the respondent no. 3.

2. The present petition is directed against the award dated 29.09.2017 passed by the Industrial Tribunal (5), Meerut U.P. in Adjudication Case No.181 of 2005, published on 24.05.2018.

3. Facts in brief relevant to decide the controversy in hands are that the company namely Simbhaoli Sugars Limited is engaged in the manufacturing of white crystal sugar through vacuum pan process. The manufacturing unit of the petitioner mill operates from November to April each year. The conditions of employment of workmen in the factory is governed by the “Standing Order Governing the Conditions of Employment of Workmen in Vacuum Pan Sugar Industries in UP” (in short be referred as the “Standing Order”), which have been framed by the State Government in exercise of powers under Section 3 (B) of the U.P Industrial Disputes Act' 1947 (in short hereinafter referred as the Act' 1947).

4. The dispute herein has arisen out of the conciliation application filed by the workmen through respondent No. 3, a regi

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