DCM SHRIRAM INDUSTRIES LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This petition is by the employer questioning the correctness of the award passed by the Labour Court in favour of the respondent no. 2 - workman giving him continuity of service and reinstatement with 50% back wages. The workman has been found entitled to full wages with effect from the date of award onwards. An interim order was passed on 10.12.1999 staying the award subject to compliance of the provisions of Section 17-B of the Industrial Disputes Act, 1947.

(2.) Sri S.D. Singh, learned counsel for the petitioner has stated at the bar that the respondent workman has been paid approximately Rs. 2 lacs 15 thousand by way of salary @ Rs. 2,855/- per month during the pendency of this petition in compliance of the interim order.

(3.) The respondent workman is stated to be engaged as a temporary weightment clerk having worked between January, 1990 to June, 1990 for a period of 145 days. The said engagement was made under the U.P. Sugarcane (Regulation of Supply of Purchase) Rules, 1954 framed under the 1953 Act. The petitioner employer alleges that engagement being temporary and not seasonal, the respondent workman was not entitled for any relief.