Back
IN THE HIGH COURT OF ALLAHABAD
IRSHAD ALI, J.
U.P.State Sugar Corp. And Anors – Appellant
Versus
Dhirendra Kumar Singh – Respondent
Writ A No.2221 of 2005
Decided on : 18-08-2023
Company’s Act - Section 617 - U.P. Industrial Disputes Act, 1947 - Section 3b and 6-N – Industrial dispute - Company - Oral termination of services – Cancellation - Whether on evidence before it, the workmen or one or more of them fulfill requirements of being seasonal hand(s) as defined under Clause B-1(2) of Standing Orders - Held, Promotion is given from one category to higher categories as and when vacancies are available and that such function was clearly a managerial function which could not have been discharged by Labour Court - Labour has committed grave illegality in declaring respondent no.1 as Seasonal Workman, although respondent no.1 himself admitted that he was daily wager engaged on availability of work - Labour Court on evidence led before it and adverse inference it has drawn due to non-production of record by employer, despite an application by workmen in that behalf, could possibly have held that workmen have worked with employer for the whole of crushing seasons and completed probationary period, entitling him to status of seasonal workmen - Writ petition is allowed.
JUDGMENT :
1. Heard Shri P.K. Sinha, learned counsel for the petitioners and Shri P.N. Singh, learned counsel for the respondents.
2. By means of the present writ petition, the petitioners have prayed for the following reliefs:
(ii) Issue a writ order or direction in the nature of Mandamus restraining the respondents in any manner from executing, implementing the impugned award as contained in Annexure-1 to this writ petition.
(iii) Pass such other orders or directions which this Hon’ble Court deem fit and proper in the circumstances of the case in favour of the petitioners.
(iv) Allow the writ petition with cost in favour of the petitioners.
3. Facts of the case are that the U.P. State Suger Corporation is a company registered under Section 617 of the Company’s Act and the same has its various industrial units located in various parts of the State of U.P. manufacturing sugar by vacuum pan process. The petitioner no.1 is one of such industrial units of petitioner no.2 situated at Kasba Jarwal Road, Bahraich manufacturing sugar by vacuum pan process. The petitioners are public sector holding companies of the State of U.P. The opposite party no.1 raised an industrial dispute before the authority designated under the U.P. Industrial Disputes Act, 1947 that his services have been illegally and arbitrarily terminated with effect from 14.11.1994 from the services of the petitioner no.1 where he was working in the factory as Magmaman.
The State Government referred the matter for adjudication to the opposite party no.2 where the same was registered as Adjudication Case No.13 of 1996. Opposite party no.1 filed written statement before the opposite party no.2 wherein the opposite party no.1 claimed the declaration and cancellation of oral termination of the services of the opposite party no.1 with effect from 14.11.1994 and further sought a declaration that opposite party no.1 be declared to be continuing as working on the post of Magmaman continuously since 14.11.1994 and further that the opposite party no.1 may be declared as permanent seasonal Magmaman.
Petitioner no.1 also filed the written statement before opposite party no.2 on 9.8.1996 wherein it has been stated that opposite party no.1 is not entitled for any notice in view of Standing Order L-3 nor he was required to be paid salary in view of notice. It has also been stated that the petitioners were entitled to engage persons on daily wage basis and opposite party no.1 has not completed 240 days. Rejoinder reply was filed by opposite party no.1 wherein he has reiterated his allegation as made in the written statement. On behalf of opposite party no.1, opposite party no.1 examined himself and on behalf of petitioner no.1 the time keeper Sri Nand Kishore was examined.
The matter was heard by the opposite party no.2 but failed to appreciate the true facts as stated by the parties. The opposite party no.2 failed to appreciate that the terms and conditions of employment of workman in the Sugar Industry manufacturing sugar by Vacuum Pan Process is governed by the Standing Order issued under Section 3b of the U.P. Industrial Disputes Act, 1947 but the opposite party no.2 in most illegal and arbitrary manner passed the impugned award against the petitioners. Hence this writ petition.
4. Learned counsel for the petitioners submitted that opposite party no.2 altogether failed to appreciate the fact that under Standing Order as applicable to the Vacuum Pan Industries there is no provision for conversion of status of workman. He next submitted that opposite party no.2 also failed to appreciate that once a workman is engaged as casual or permanent he has to continue with the said status till employer changes his status in its own discretion.
5. Learned counsel for the petitioners next submitted that opposite
A worker claiming seasonal employment must provide evidence of continuous engagement in the previous crushing season to be entitled to reinstatement.
The court affirmed that terminations without adherence to natural justice and statutory provisions are illegal, emphasizing the rights of workers under the Tamil Nadu Permanent Status Act.
The court established that reinstatement is not an automatic remedy for violations of employment termination laws; compensation may be more appropriate based on employment duration and nature.
The main legal point established in the judgment is the requirement to prove the contents of documents by primary evidence or secondary evidence under Sections 61 and 65 of the Evidence Act.
The main legal point established in the judgment is the interpretation and application of the provisions of Section 6(N) of the U.P. Industrial Disputes Act, 1947 regarding termination of services an....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
