MAJHOLA DISTILLERY AND CHEMICAL WORKS Vs. LABOUR COURT

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner-company which is engaged in production and manufacture of alcohol and spirit against a licence from the State Government challenging the impugned award dated 30. 6. 1994 passed in Adjudication Case No. 100 of 1990 reinstating the respondent No. 3-workman with continuity in service along with full back wages and consequential benefits who had been engaged by the petitioner-company on 3rd January 1988 and continued till 15th July 1989 after which he was not allowed to work and was not paid the retrenchment compensation etc. in contravention to the provisions of Section 6-N of the U. P. Industrial Disputes Act, 1947.

(2.) COUNTER and rejoinder affidavits have been exchanged between the parties and the award was stayed by an interim order dated 28. 8. 1995 passed by this Court and vide order dated 8. 5. 2000 passed by this court, the slay vacation application was directed to be considered at the time of final hearing of the writ petition.

(3.) THE case of the petitioner is that the respondent No. 3 had been engaged for a fixed period of appointment with effect from 3. 1. 1988 to 31. 3. 1989 and again for 15. 5. 1989 to 15. 7. 1989 and had been duly paid the wages for which he has duly worked. Respondent No. 3 had also no right to seek extension of service nor he was entitled for regularization under the provisions of Standing Orders or any other provisions of law he was also not entitled for the protection under section 6-N of the U. P. Industrial Disputes Act, 1947 and as such the labour Court-respondent No. 1 erred in granting the benefit and relief under Section 6-N of the U. P. Industrial Disputes Act, 1947 because the provisions of Section 2 (oo) (bb) of the Industrial Disputes Act, 1947 (Central) became applicable.