Bhagwan Singh Rana & Ors. Vs. Uttar Pradesh State Food and Essential Commodities Corporation Limited and
EmailAppeal: Writ Petition (Civil) No. 717 of 1988
Petitioner: Bhagwan Singh Rana & Ors.
Respondent: Uttar Pradesh State Food and Essential Commodities Corporation Limited and Ors
Apeal: Writ Petition (Civil) No. 717 of 1988
Judges: K.N.SIGH & M.H KANIA, JJ.
Date of Judgment: Sep 26, 1988
Head Note:
SERVICE AND LABOUR LAW
Industrial Disputes Act, 1947:
Section 25-F – Seasonal employees – Regularisation of – Dispute referred to the Industrial Court for adjudication.
JUDGEMENT:
O R D E R
1. The petitioners are employees of the Uttar Pradesh State Food and Essential Commodities Corporation. They are employed from time to time by giving breaks in service. Their grievance is that the respondent-Corporation has been adopting unfair practice in terminating the petitioners’ services by making fresh appointments in order to defeat the requirement of law as laid down under section 25(F) of the Industrial Disputes Act. The Petitioners claim that they have been in service of the respondent-corporation since long and their service should be regularised. In the Counter-Affidavit filed on behalf of the respondent-corporation, the petitioners’ claim is seriously disputed.
2 Having heard learned counsel for the parties, we are of the opinion that the petition involves disputed questions of fact which cannot adequately be decided in the present proceedings. It would be convenient and proper if the dispute raised by the petitioners is adjudicated by an Industrial Court. Learned counsel for the parties are agreeable to this proposal. We accordingly direct the State Government of Uttar Pradesh to refer the dispute raised by the seasonal employees of the respondent-corporation for adjudication to the Industrial Tribunal Meerut within two months from the date of receipt of this Order. The petitioners or any other similar seasonal employees may file petition before the State Government and the Industrial Tribunal.
3 The writ petition is disposed of accordingly. There will be no order as to costs.
1. The petitioners are employees of the Uttar Pradesh State Food and Essential Commodities Corporation. They are employed from time to time by giving breaks in service. Their grievance is that the respondent-Corporation has been adopting unfair practice in terminating the petitioners’ services by making fresh appointments in order to defeat the requirement of law as laid down under section 25(F) of the Industrial Disputes Act. The Petitioners claim that they have been in service of the respondent-corporation since long and their service should be regularised. In the Counter-Affidavit filed on behalf of the respondent-corporation, the petitioners’ claim is seriously disputed.
2 Having heard learned counsel for the parties, we are of the opinion that the petition involves disputed questions of fact which cannot adequately be decided in the present proceedings. It would be convenient and proper if the dispute raised by the petitioners is adjudicated by an Industrial Court. Learned counsel for the parties are agreeable to this proposal. We accordingly direct the State Government of Uttar Pradesh to refer the dispute raised by the seasonal employees of the respondent-corporation for adjudication to the Industrial Tribunal Meerut within two months from the date of receipt of this Order. The petitioners or any other similar seasonal employees may file petition before the State Government and the Industrial Tribunal.
3 The writ petition is disposed of accordingly. There will be no order as to costs.
