LAWS(SC)-2005-2-144

DHAMPUR SUGAR MILLS LTD Vs. BHOLA SINGH

Decided On February 08, 2005
DHAMPUR SUGAR MILLS LTD. Appellant
V/S
BHOLA SINGH Respondents

JUDGEMENT

(1.) The Respondent herein was appointed as a trainee/apprentice in the year 1986 purported to be in terms of a scheme sponsored by the State Government for training the cane growers. According to the Appellant, in the year 1986, 45 such trainees had been interviewed and 11 of them having been found fit were absorbed in its regular service. The Respondent herein allegedly did not qualify therefor. He along with remaining trainees continued to perform their duties as trainees/apprentices. The scheme sponsored by the State Government having come to an end on 16-11-1987 and no fund therefor having been made available, the services of all the remaining 34 trainees were terminated. The Respondent was paid due compensation an envisaged under Section 6N of the U.P. Industrial Disputes Act. He, however, raised an industrial dispute pursuant whereto and in furtherance whereof a notification was issued on or about 13-12-1991 by the Appropriate Government referring the following dispute for adjudication before the Presiding Officer, Labour Court, U.P. Rampur:

(2.) Before the Labour Court a contention was raised by the Respondent herein that his services were terminated by the Appellant by way of unfair labour practice as he had raised a purported demand for his regularization in services as also non-payment of minimum wages. He contended that the Appellant had regularized the services of 11 Field Supervisors but he was not. According to him, he was called for interview along with others by a letter dated 7-11-1987. He contended that he had not been absenting with effect from 1-6-1987 as was alleged in the said letter dated 7-11-1987, but despite the same, his services were terminated on 2-6-1987.

(3.) The case of the Appellant, on the other hand, is that the services of the Respondent along with the persons similarly situated had been terminated as the scheme sponsored by the State Government had come to an end.