55 per month, for the period from November 21, 1958 to February 5, 1959 is legal and or justified.
if number, to what relief are the workmen companycerned entitled ?
I per day in the case of Ram Ujagar and 14 annas per day in the case of other workmen for the period November 21, 1958 to February 5, 1959.
It held accordingly that they were entitled to the benefit of the Standing Orders regarding minimum wages and were also entitled to reinstatement.
On a companysideration of the evidence the Labour Court accepted the appellants case that the work of removal of press mud was being done through the companytractor Banarsi Das and it was Banarsi Das under whom these 21 persons were employed.
The appellants case was that the work of removal of press mud had been given by the Company to a companytractor, Banarsi Das, and that these 21 men were employed by that companytractor to do the work.
Appeal by special leave from the award dated November 26, 1962 of the Labour Court, Lucknow, in Adjudication Case No.
1, at rates lower than the minimum prescribed wage of Rs.
551 per month from February 6, 1959 upto the end of the crushing season of 1958 59 b reinstatement of the workmen if number already employed by the Company in the crushing season of 1962 63 and c payment of difference of wages companyputed at the rate of Rs.
If number, to what relief are the workmen companycerned entitled and with what details.
The respondents through their Union companytended, on the companytrary, that they had been employed directly by the management of the Company.
iv of s. 2 i of the Uttar Pradesh Industrial Disputes Act, 1947, the appellant was in law the employer of these 21 persons.
225 of 1963.
Banarsi Das left the work on February 6, 1959, and the termination of the services of these workmen was made by him.
The appellant companytended that these 21 workmen were number employed by the management of the sugar mills.
55/ per month and Re.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It further held that in view of the definition of employer in sub cl.
In that view the Labour Court ordered, a payment to the Workmen at the rate of Rs.
Against this order of the Labour Court the present appeal has been filed by the Company with the special leave of this Court.
Whether the action of the employers in paying to the workmen, named in the Annexure to issue No.
The matters in dispute were thus mentioned in the order of reference Whether the employers have terminated the services of their workmen, named in the Annexure, will effect from February 6, 1959 legally and or justifiably ?
The judgment of the Court was delivered by DAS GUPTA J. The twenty one persons who are the respondents in this appeal were engaged from November 21, 1958, to February 5, 1959, in the work of removal of press mud in the sugar factory belonging to the appellant.
On February 6, 1959, their services were terminated.
On July 31, 1962, the Governor of Uttar Pradesh referred to the Labour Court, Lucknow, a dispute between these respondents and the Basti Sugar Mills Ltd. In this the Basti Sugar Mills Ltd., was described as the employers and the respondents as their workmen.
M. Rajagopalan and K. R. Chaudhuri for the respondents.
68 of 1962.
S. Pathak and D.N. Mukherjee for the appellant.
April 4.
The management of the Company, it was said, had numberhing to do with these men.
55/ per month which was the minimum prescribed wage for workmen of vacuum pan sugar factories of Uttar Pradesh under the Standing Orders dated October 3, 1958, issued by the Government of Uttar Pradesh.
It also appears that for the period of work of November 21, 1959, to February 5, 1959, they were paid wages at rates lower than Rs.
