NARAINGARH SUGAR MILLS LTD. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition is filed by the workers Union of a Sugar Mill, The petitioners have filed a list and particulars of workmen at Annexure P/2. The workmen had submitted a Charter of demands to the management -respondent No. 2, but it paid no heed. This started unrest. The petitioner -Union firstly resorted to the Dhama and then to a strike. FIR was fudged against some of the workmen viz. Ashwani Kaushik, Ajay Kumar Sharma; Yash Pal and Sanjay Kumar Sharma, however, no challan has been filed against them. The administration arid the Labour department intervened and an agreement was arrived at on 3.12.1999. Copy of the agreement/settlement is at Annexure P/3. By the said agreement, it was agreed as under: -

(2.) In the end the workers have assured that they would also help in the full production maintaining the discipline and the management would not resort any sort of biased attitude towards any worker due to the said strike."

(3.) It is the contention of the petitioners that because of the agreement, the workmen brought an end to the strike. It is contended that as per clause (ii) of the settlement, as soon as the season of cane crushing began, they should have been allowed to resume the duties and according to clause (iii) of the agreement, they would be appointed category -wise. However, the management did not abide by the agreement and is whiling over the time. It is contended that as per the Standing orders, the position of the workmen is maximum that of the suspended employees, and they are entitled to subsistence allowance and even if it is assumed (though no admitted) that some enquiry or trial is pending against them, the FIR was only against a few of the workmen.