LAXMI SUGAR MILLS CO. LTD. Vs. PRESIDING OFFICER

JUDGEMENT

(1.) All these writ petitions involve identical questions of fact and law, therefore, with the consent of learned counsel appearing for both the parties, all these petitions are heard together and are being disposed of by this common judgment. Workmen were engaged in the petitioner's factory purely on temporary basis on 2.12.1998; workmen were not allowed to work after 07.04.2004; undisputedly neither notices, as required under Section 6-N of the UP. Industrial Disputes Act, 1947 were served nor wages for the period of notice were paid to the workmen.

(2.) It is not in dispute that workmen remained on duties from 02.12.1998 to 07.04.2004, therefore, have worked for more than 240 days in twelve calendar months.

(3.) Since, services of the workmen were discontinued in violation of Section 6-N of the UP. Industrial Disputes Act, 1947, therefore, termination/discontinuation of services cannot be said to be valid or justified. Now the question comes as to whether workmen should be directed to be reinstated or should be paid compensation in lieu of reinstatement.