DUNKANS INDUSTRIES LTD Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri V.R. Agrawal for the petitioner, Sri P.K. Sinha for Respondent No.3 and learned Standing Counsel for respondent Nos. 1 and 2.

(2.) The challenge raised in this petition is to the notice issued to the petitioner - company under Section 14-A of the U.P. Industrial Disputes Act, 1947. For ready reference, the said section is quoted herein below:-

(3.) The facts, which are not in dispute are that the workmen were laid off and the industry was closed. The Members of respondent No.3 - Union raised an industrial dispute and thereafter the matter was adjudicated. In the award pronounced on 31.3.2003 and published on 28.8.2003 (a copy of the award is Annexure-1 to the writ petition), two issues were framed namely whether the 26 workmen for whom the dispute had been raised are employees of the Company and if so whether they are entitled to the reliefs claimed by them. The second issue framed was as to whether the workmen are entitled to be declared as permanent workmen and if so from which date and with other details.