DIRECTOR EXPERIMENTAL SUGAR FACTORY NATIONAL SUGAR INSTITUTE Vs. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) This writ petition has been filed for quashing the award dated 5.2.2002 (annexure-5 to the writ petition) passed by the Presiding Officer, Central Government Industrial Tribunal cum Labour Court, Kanpur-respondent No. 1 which was passed on the industrial dispute raised by the workmen-respondents 1 to 7 on the question referred to by the Central Government, Ministry of Labour Court vide its Notification dated 3.7.1998 for adjudication by the Tribunal-respondent No. 1 as under :- Whether the action of the Director, National Sugar Institute, Kanpur, in not paying the salary and other benefits of the post of Centrifugal Operator from 1980 to S/Sri Suresh, Rajendra Prasad Shukla, Peetamber, Ashok Kumar Mishra, Ganga Prasad and Raja Ram is legal and justified ? If not, to what relief the workmen are entitled to ?

(3.) The facts of the case, referred to in the award in brief are that on behalf of the concerned workmen the statement of claim has been filed with the allegations that the workmen named above in the schedule of reference order were only workers working in the Experimental Sugar Factory (hereinafter referred to as ESF) under the control and administration of National Sugar Institute, Kanpur. Originally they were appointed as Haper-Mazdoor but they were discharging the duties of Centrifugal Operators. It has been alleged that the ESF, Kanpur falls within the definition of industry hence its employees are governed by the provisions of Industrial Disputes Act, 1947. Their wages are regulated by the recommendations of Wage Boards constituted from time to time. About 100 tones of sugar is produced by this ESF which is sold in the market. ESF is registered under Factories Act hence the provisions of Factories Act and the provisions ESI Act also apply to these employees. The first Wage Board submitted its report in the year 1961 and its recommendations were made applicable vide Notification dated 27.4.1961 which were accepted by Government of India vide notification dated 23.2.1961. Later on second Wage Board was constituted and it submitted its recommendations in the year 1970 which too were accepted by the Government of India vide resolution dated 7.7.1970 and by the Government of Uttar Pradesh vide notification dated 27.11.1980. These recommendations were made applicable to the employees of ESF also in which" the present workmen were working. Subsequently, the III Wage Board submitted its report in the year 1985 and its recommendations were also accepted by the Government of India as well as by the State Government. The State Government also accepted the same vide notification dated 31.1.1991.