U.P.STATE SUGAR CORPORATION, MUZAFFAR NAGAR Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-V, MEERUT AND OTHERS

JUDGEMENT

(1.) THE petitioner is the Sugar Corporation and has filed the present writ petition challenging the validity and legality of the award of the Labour Court, by which, it has directed the Corporation to give an appointment to the son of the workman on the post, on which, his father was working at the time of his retirement along with arrears of wages from the date of the retirement of his father. The brief facts leading to the filing of the writ petition is, that a dispute was referred to the Labour Court for adjudication. The terms of reference is some what like this:

(2.) THE Labour Court, after considering the matter, found that there was a settlement between the erstwhile employer and its workers to give an appointment to the heirs of retired workers as well as to the heirs of those workers who had died in harness. The Labour Court on the basis of this settlement held that the present employer was bound by the settlement and that the workman having retired, his son was entitled to be given an appointment on the post, on which, the father was working.

(3.) IN the present case, there is no finding that a workman from the surplus pool was not available. Further, the workman retired as a Machinist which is a skilled post and, consequently his son could not be given an appointment under this notification.