TRIVENI ENGINEERING Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.D. Singh, learned counsel for the petitioner and Sri B.N. Singh, learned counsel for the respondent no.3.

(2.) Pleadings between the parties have been exchanged and with the consent of the learned counsel for the parties, this writ petition is being finally disposed of at this stage.

(3.) The facts of the case as emerging from the pleadings of the parties are that the petitioner, M/s Triveni Engineering & Industries Ltd., Deoband, Saharanpur is engaged in manufacturing of crystal sugar of high quality through vaccum pan process. The services of Jagdish Singh-respondent no.3 who was employed as Senior Cane Officer/ Varistha Ganna Adhikari in the petitioner's establishment were terminated on 17.5.2005 on the ground of his being an indisciplined employee and habitual offender of law. The respondent no.3 moved an application on 19.5.2005 (annexure no.4 to the writ petition) before the Regional Conciliation Officer/Deputy Labour Commissioner, U.P. Saharanpur under Section 2-A of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). In the said application the respondent no.3 had described his designation as Varistha Ganna Adhikari/ Senior Cane Officer. On the said application which was registered as C.P No.45 of 2005 the respondent no.2 issued summon to the petitioner on 28.5.2005. The petitioner appeared before the respondent no.2 and filed a detailed objection on 12.7.2005 (annexure no.5 to the writ petition). The petitioner in its objection had denied that the respondent no.3 was a workman as defined under Section 2(z) of the Act as he was working in Administrative/Managerial capacity and was drawing a total salary of Rs.9,000/- per month. It was also stated that a large number of employees were working under his supervision and control and that he had illegally and wrongfully got himself enrolled as a member of Sugar Mill Mazdoor Sangh, Deoband, Saharanpur (hereinafter referred to as Union) and managed to get himself elected to the office of Up-Sabhapati of the Union for the year 2005. On 31.12.2005 the Deputy Labour Commissioner, Saharanpur-respondent made following reference under Section 4K of the Act: