SHAMLI MILL SRAMIK SANGATHAN Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) The petitioner is Trade Union registered under the Indian Trade Union Act, 1926 and draws its membership from amongst the employee of the Upper Doab Sugar Mills Ltd., Shamli. The State Government being satisfied that an industrial dispute existed on account of the demand of a large number of workmen for being made seasonal workmen and in exercise of its powers under Section 4K of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as the U.P. Act) referred the matter in dispute relating to 50 workmen for adjudication to respondent No. 1 by order No. 5255 dated 14.12.1977 for adjudication. The labour court referred the reference by order dated 22.12.1983 holding that it was not an industrial dispute.

(3.) The case as set out on behalf of the petitioner was that the 50 workmen concerned in the dispute worked in processes which were normal part of the industry and without the discharge of the type of work that they were doing the industry could not be run. It was claimed that they were working under the direct supervision of Company's officers, were being given minimum wages as per Government Notification, were being granted leave facilities and Provident Fund facilities, etc. but they were not being treated as seasonal employees of the Company and were thus being deprived of retaining allowance under the standing orders framed by the State Government in exercise of its powers under Section 3 (b) of the U. P. Act which were applicable to the Pan Vacuum Sugar Factories. It was also claimed that Sri O. P. Garh was introduced by the respondent company as a contractor only to work out a device for devising them of various benefits of their status of regular seasonal employees.