RADICO KHAITAN LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard Shri. Shakti Swarup Nigam, learned counsel for the petitioner company and learned Standing Counsel for the first respondent.

(2.) M/S. Radico Khaitan Ltd., Bareilly Road, Rampur through its General Manager is before this Court assailing the validity of the orders dated 1.12.2016 and 10.7.2017 passed by the first respondent i.e. Presiding Officer, Industrial Tribunal (IV), Agra in Adjudication Case No. 8/2015 (President/Secretary, Distillery Karamchari Union v. M/s. Radico Khaitan Ltd. and Ors).

(3.) Record in question reflects that the petitioner is a registered company incorporated under the Companies Act, 1956 having its registered office at Bareilly Road, Civil Lines, Rampur. It is engaged in manufacturing of country liquor and Indian made foreign wine. The present establishment is registered under the Contract Labour (R & A) Act, 1970 and the contractors are also registered under Contract Labour (R & A) Act, 1970 and the rules made thereunder. The State Government in exercise of its power under Section 4K of U.P. Industrial Disputes Act, 1947 (in short, the Act) referred the matter of termination of 111 contract labours to the Industrial Tribunal (IV), Agra to decide as to whether they are the workmen of contractors or principal employer.