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PIYUSH AGRAWAL
Triveni Engineering And Industries Limited – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Piyush Agrawal, J.) :
Heard Mr. Diptiman Singh for the petitioner and Mr. Shyam Narain for respondent No. 3.
2. The present writ petition has been filed for assailing the award dated 13.6.2005 passed by respondent No. 3 by which the petitioner was directed to reinstate respondent No. 3 in service for the next crushing season.
3. Brief facts of the case are that the petitioner is a private limited company incorporated under the Companies Act situated at Deoband Distt. Saharanpur and involved in the business of manufacture and sale of crystal sugar through vacuum pan process. It is stated that service condition of the employees are governed by the certified standing order issued under Section 3 of the Act for Vacuum Pan Industries known as Standing Orders Governing the Conditions of the Employment and Workman in Sugar Industry of U.P. and under the said standing orders the industries are engaging the workmen as classified in Clause B of the standing orders. The nature of the industry of the petitioner is seasonal and work normally from November to April in each season thus engagement of employees in the factory is stated to be temporary, seasonal and permanent in nature i
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 main legal point established in the judgment is that the conditions required for the regularization of workmen, as per the Industrial Employment (Standing Orders) Act 1946 and the standing orders....
Termination of daily wage workers under Section 25-F of the Industrial Disputes Act does not automatically entitle them to reinstatement; monetary compensation may be awarded instead.
Reinstatement of workmen after illegal termination is not automatic; monetary compensation may be granted instead based on specific circumstances and legal precedents.
Parties in judicial proceedings should be provided sufficient opportunity to present their case, and cases involving substantive rights should be decided on merits, avoiding ex parte decisions.
Once provisions of Section 25(B) of the Industrial Disputes Act, 1947 have been satisfied by the workman, then Section 25(F) of the Industrial Disputes Act, 1947 is made applicable
Labour law – Reinstatement - Granting of relief of reinstatement after such a long gap will not serve any purpose and, therefore, this Court is of the view that if the order to grant compensation
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