JUDGMENT :

Jayant Banerji, J.

The first above writ petition has been filed by the employer seeking quashing of the award made by the Labour Court, Saharanpur in Adjudication Case No. 84 of 2013 which was pasted on the notice board of the Labour Court, Saharanpur on 6.1.2016. By means of the aforesaid award, the respondent No. 3-Virendra Singh (the workman) was directed to be reinstated to the post of Cane Assistant/Worker or any equivalent post from the first day of crushing season 2015-16 and from the date of reinstatement, the workman was to be paid the due wages and all benefits.

2. The second above writ petition has been filed by the workman of the first above writ petition seeking quashing of the aforesaid award made by the Labour Court, Saharanpur in Adjudication Case No. 84 of 2013 to the extent it denies the salary of the workman from the date of termination till the date of appointment. Further relief sought is for a direction commanding the respondents to pay the petitioner his regular salary.

3. The facts in brief are that Upper Doab Sugar Mills at Shamli (the Unit) and Unn Sugar Complex at Unn Block, Unn are two Sugar Units of Sir Shadi Lal Enterprises Limited, a company registered under the Companies Act which, amongst other activities, is engaged in manufacture of crystal sugar through vacuum pan process. It is a seasonal industry and normally works from November to April. In view of the different nature and requirement of works in this industry, the engagement of employees in the factory is of casual, temporary, probationers, seasonal and permanent in nature. The relationship between sugar factories and its employees is regulated and governed under the Standing Orders Governing the Conditions of Employment of Workmen in Vacuum Pan Sugar Factories of Uttar Pradesh (Standing Orders), which Standing Orders have been made and published by the Government of Uttar Pradesh in exercise of powers under clause (b) of Section 3 of U.P. Industrial Disputes Act, 1947. Given the nature of the industry, depending upon the supply of sugarcane, the number of employees and the workmen required fluctuates from year to year. As per the exigencies of work, the workmen can be transferred from one unit of the company to the another unit.

4. The workman was initially appointed as Runner (Seasonal) in a Sugar Division of a company, M/s. Monnet Industries Limited at Block Unn, on 14.5.1999. The aforesaid sugar division which was a unit of M/s. Monnet Industries Ltd. was purchased on 24.9.2007 by M/s. Sir Shadi Lal Enterprises Ltd. and the name of that unit was changed to Unn Sugar Complex, a unit of M/s. Sir Shadi Lal Enterprises Ltd. It is alleged that on 30.11.2007, the workman was granted fresh fitment and was promoted to the post of Cane Assistant by the petitioner-company and his terms and conditions remain unaltered and governed by his initial appointment letter dated 14.5.1999. Since there was a requirement of seasonal weighment clerk at the Unit from the start of the crushing season 2010-11, therefore, the workman was transferred on 14.6.2010 from Unn Sugar Complex to the Unit. It is stated in the first above writ petition that the liability of the workman for being transferred was reflected in his initial appointment letter dated 14.5.1999. The total emoluments of the workman were increased by the Unit. However, the workman instead of joining his duties at the Unit, disputed his transfer and insisted on being retained as Cane Assistant at Unn Sugar Complex by means of a communication dated 18.10.2010. A reply dated 25.10.2010 was sent to the workman stating the reason for his transfer to the Unit. The workman did not join his duties at the Unit despite the letter dated 25.10.2010. It is stated in the first above writ petition that the crushing season 2010-11 commenced on 24.11.2010 and a call letter was sent to the workman on 13.11.2010 and notice for commencing of crushing season 2010-11 was also published in the newspaper on 18.11.