SAHAKARI SAKHAR-KARKHANA LTD. THROUGH MANAGING DIRECTOR Vs. SAKHAR KAMGAR SANGH THROUGH ITS GENERAL SECRETARY

JUDGEMENT

(1.) THIS is an appeal preferred by the original Opponent against the order passed by learned labour Court, Kolhapur in Application (BIR) No. 1 of 1998 dated 24th June 1998, whereby the Application is allowed and the Opponent is directed to treat 12 employees as perennial permanent employees and remaining 88 employees seasonal permanent employees of the Karkhana and to extend monetary benefits to them, w.e.f. 24th July 1998. The original Applicant's case briefly stated is as under: - -

(2.) THE original Opponent's case briefly stated is as follows: - -

(3.) BEING aggrieved and dissatisfied with the impugned order, the original Opponent has preferred present appeal contending that the impugned order of the Labour Court is illegal, improper bad in law and liable to be set -aside. The Labour Court is erred in allowing the application and is holding that the Appellant has committed an illegal change is failing to implement the settlement. The impugned order is contrary to law. That the Application was barred by limitation. The Labour Court failed to appreciate that the claim of permanency of 100 employees was based on the settlement dated 26th October, 1996. The application was filed in 1998 and that too without any prayer for condonation of delay. The Labour Court did not consider the fact the employees in question were appointed as temporary. The Labour Court did not consider the fact that the settlement referred to and relied upon by the Respondent for confirmation of 100 employees was inapplicable to them. The Labour Court did not consider the facts on record and passed impugned order. The Appellant has therefore prayed that the appeal may be allowed and impugned order may be set -aside.