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Judgment
Hon''ble Anil Kumar, J.—Heard Sri P.K. Sinha, learned counsel for the petitioner, Sri R.K. Srivastava, learned counsel for the respondents and perused the record.
Petitioner, M/s Nwabganj Sugar Mills Company Limited, is a public Limited company ( hereinafter referred to as ''Sugar Mill'') registered under Indian Companies Act, has challenged the award dated 29.10.1987 ( Annexure no. 26 to the writ petition).
Sri P.K. Sinha, learned counsel for the petitioner while assailing the impugned award submits that respondent no. 4 to 33 are employees in the sugar mill as Seasonal employee. 4. He further submits that by means of award, the labour court has directed the petitioner/ employer to make them permanent as per seniority list. He further submits that the said direction given by the labour court is in contravention to the standing orders ''governing the service condition of the employment of workmen in vacuum pan sugar factories in U.P.'' read with the provisions of Section 3(b) of the U.P. Industrial Disputes Act, 1947.
Sri Sinha, learned counsel for the petitioner also submits that in identical circumstances the Apex Court vide judgment and order dated 26.9.2008 passed in Special Leave Petiton ( Civil ) No. 2411 of 2006 has held that the labour court has no authority to direct the employer/ sugar mill to give permanent employment to its employees who are working as seasonal employee.
Sri R.K. Srivastava, learned counsel for the respondents submits that as a matter of fact on record in the sugar mill in question in identical circumstances a dispute has arisen by the wrorkment/employees working in the manufacturing wings accordinlgy a reference u/s 4 K of the Industrial Act has been referred to the labour court and the same was allowed with a direction that they will be declared as permanent employee.
Aggrieved by the same, petitioner filed a Writ Petition No. 2058(M/S) of 1992, (U.P. State Sugar Corporation Vs. Majdoor Sangh, Subhash Nagar, Nawabganj, Gonda and another), the same was allowed by means of judgment and order dated 19.1.2004 passed by this Court.
Against the judgment and order, U.P. Sugar Corporation filed a Special Leave to Appeal No. 17428 of 2004 ( U.P. State Sugar Corporation Vs. Mazdoor Sangh), the same same was dismissed vide order dated 18.8.2005.
Accordingly, Sri R.K. Srivastava, learned counsel for the respondents submits the present writ petition is also liable to be allowed on the said fact.
The said position has been disputed by Sri P.K. Sinha, learned counsel for the petitioner on the ground that the judgment given by Apex Court dated 26.9.2008 in SLP ( Civil) 2411 of 2006 ( U.P. State Sugar and Cane Development Corporation Limited Vs. Chini Mill Mazdoor Sangh and others) is binding in the present case. 11. At this stage, Sri R.K. Srivastava, learned counsel for the respondents prays for time to study the matter.
List after two weeks.
It is made clear that the present matter shall not be treated as tied up to this Bench.