Neutral Citation No. - 2024:AHC:130294-DB AFR Reserved Chief Justice's Court Category-A Case :- WRIT - C No. - 5577 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And 2 Others with Case :- WRIT - C No. - 5578 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And 2 Others with Case :- WRIT - C No. - 5580 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr.

with Case :- WRIT - C No. - 5582 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr.

with Case :- WRIT - C No. - 5583 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr.

with Case :- WRIT - C No. - 5585 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr.

with Case :- WRIT - C No. - 5586 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr.

with Case :- WRIT - C No. - 5588 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr with Case :- WRIT - C No. - 5590 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr.

with Case :- WRIT - C No. - 5591 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr.

with Case :- WRIT - C No. - 5593 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr.

with Case :- WRIT - C No. - 5594 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr.

with Case :- WRIT - C No. - 5597 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr.

with Case :- WRIT - C No. - 5598 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr.

with Case :- WRIT - C No. - 5599 of 2015 Petitioner :- Kisan Sahkari Chini Mills Ltd.

Respondent :- Presiding Officer Labour Court And Anr.

With Category-B Case :- WRIT - C No. - 2392 of 2009 Petitioner :- M/S The Ganga Kisan Sahkari Chini Mills Ltd. And Anr.

Respondent :- Mahipal Singh And Others with Category-C Case :- WRIT - C No. - 17065 of 2018 Petitioner :- Phool Kumar Respondent :- Presiding Officer Industrial Dispute Tribunal (5) U.P., Meerut and another Appearances- Sri Samir Sharma, learned Senior Counsel assisted by Sri Diptiman Singh, Amicus Curiae, Sri Satyam Singh, learned counsel for Kisan Sahkari Chini Mills, Sri Gopal Narayan, learned counsel for the workmen and Ms. Akanksha Sharma, learned Standnig Counsel for the State-Respondents.

Hon'ble Arun Bhansali,Chief Justice Hon'ble Vikas Budhwar,J.

(Per: Vikas Budhwar, J.)

1. Noticing divergent views and finding it difficult to reconcile, the learned Single Judge vide order dated 03.02.2015 has referred the following questions to be answered by Larger Bench.-

“Whether workmen of Kisan Sahkari Chini Mill Ltd. whose services are governed by the Standing Order Covering The Condition of Employment of Workmen In Vacuum Pan Sugar Factories In U.P. can raise industrial

dispute involving the provisions of U.P. Industrial Dispute Act, 1947 ?”

Facts

2. Broadly, the facts of the case are that Kisan Sahkari Chini Mills

Ltd. (in short ‘Sugar Mill’) is engaged in the business of

manufacturing of sugar by vacuum pan process and claims to have obtained a licence under the provisions of U.P. Vacuum Pan Sugar Factories Licensing Order, 1969 (in short ‘Licensing Order 1969’).

3. In exercise of the powers conferred under clause (3) of Article 348 of the Constitution of India read with clause (b) of Section 3 of the U.P. Industrial Disputes Act, 1947 (in short ‘U.P. I.D. Act, 1947’). The State of Uttar Pradesh framed Standing Orders regulating the Condition of Employment of Workmen in Vacuum Pan and Sugar Factor