BHARAT SUGAR MILLS LTD.THROUGH ITS SR.EXECUTIVE VICE-PRESIDENT, BISHNU KUMAR SUREKA Vs. PRESIDING OFFICER, LABOUR COURT, CHAPRA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, learned Counsel for the respondent No. 2 and learned Counsel for the State.

(2.) The petitioner seeks quashing of the award dated 5.9.2002 in Reference Case No. 11 of 1992 by the Presiding Officer, Labour Court, Chapra by which he has directed the petitioner-Sugar Mills Ltd. to reinstate the respondent No. 2 Ramesh Prasad Singh in service along with payment of 50% of his back wages.

(3.) The petitioner is a Company which is running a sugar mill at Sidhwalia, District Gopalganj. The respondent No. 2 wrote a letter dated 13.9.1989 to the Minister, Labour and Welfare, Bihar claiming himself to be a seasonal employee of the company who had worked continuously in all the seasons from 1980-81 till 1987-88 as Checking Kanta Lipik. His further case was that he was employed on wage of Rs. 500/- per month which was less than the minimum wages and, accordingly, he filed a case before the Deputy Labour Commissioner who by order dated 2.11.1988 directed for payment of arrears of March, 1987 Rs. 1087/- which was paid to him on 5.11.1988. The respondent No. 2 stated that in January, 1988 he was told that he would not be given any worK. He further claimed that in season 1988-89 he was not given any work and in 1989 season also he was not expecting that he would be given any work. He also further claimed that arrears amount should be directed to be paid and his services should be made permanent.