JUDGMENT V.C. Misra, J.
1. Heard learned Counsel for the parties and perused the record.
2. This writ petition has been filed for quashing the award dated 5.2.2002 (annexure-5 to the writ petition) passed by the Presiding Officer, Central Government Industrial Tribunal cum Labour Court, Kanpur-respondent No. 1 which was passed on the industrial dispute raised by the workmen-respondents 1 to 7 on the question referred to by the Central Government, Ministry of Labour Court vide its Notification dated 3.7.1998 for adjudication by the Tribunal-respondent No. 1 as under :-
Whether the action of the Director, National Sugar Institute, Kanpur, in not paying the salary and other benefits of the post of Centrifugal Operator from 1980 to S/Sri Suresh, Rajendra Prasad Shukla, Peetamber, Ashok Kumar Mishra, Ganga Prasad and Raja Ram is legal and justified ? If not, to what relief the workmen are entitled to ?
3. The facts of the case, referred to in the award in brief are that on behalf of the concerned workmen the statement of claim has been filed with the allegations that the workmen named above in the schedule of reference order were only workers working in the Experimental Sugar Factory (hereinafter referred to as ESF) under the control and administration of National Sugar Institute, Kanpur. Originally they were appointed as Haper-Mazdoor but they were discharging the duties of Centrifugal Operators. It has been alleged that the ESF, Kanpur falls within the definition of industry hence its employees are governed by the provisions of Industrial Disputes Act, 1947. Their wages are regulated by the recommendations of Wage Boards constituted from time to time. About 100 tones of sugar is produced by this ESF which is sold in the market. ESF is registered under Factories Act hence the provisions of Factories Act and the provisions ESI Act also apply to these employees. The first Wage Board submitted its report in the year 1961 and its recommendations were made applicable vide Notification dated 27.4.1961 which were accepted by Government of India vide notification dated 23.2.1961. Later on second Wage Board was constituted and it submitted its recommendations in the year 1970 which too were accepted by the Government of India vide resolution dated 7.7.1970 and by the Government of Uttar Pradesh vide notification dated 27.11.1980. These recommendations were made applicable to the employees of ESF also in which" the present workmen were working. Subsequently, the III Wage Board submitted its report in the year 1985 and its recommendations were also accepted by the Government of India as well as by the State Government. The State Government also accepted the same vide notification dated 31.1.1991.
4. The pay and other benefits were given to the employees of sugar industries including the employees of the ESF. Accordingly aforesaid Sugar Wage Board placed the workmen of these industries into different categories and they were mainly categorized as unskilled, semi skilled, skilled and highly skilled. The workmen mentioned above were discharging their duties of semi skilled centrifugal operators from 1.1.1980 although they were being paid salary of unskilled Mazdoor. They made representation to the management for giving salary of semi skilled post of centrifugal operators but the management did not pay any heed to it.
5. The post of centrifugal operators comes within the definition of semi skilled workmen and these workmen were entitled to get the aforesaid pay scale meant for semi skilled workmen but the management failed to implement the recommendations of Wage Boards in respect of these employees although they were entitled to get the pay scale and retention allowance of the semi skilled post. The management took the plea that National Sugar Institute was not an industry and these workmen are not entitled to get the benefit of Industrial Disputes Act, 1947.
6. The respondent No. 1 after going through the entire pleadings of the case and hearing the both sides, found that the ESF was an industry and the Industrial Disputes Act was fully applicable to the workmen of the ESF as it is found that the National Sugar Institute, Kanpur fell within the definition of sugar industries and its workmen and the present workmen also fell within the definition of Section 2(s) of the Industrial Disputes Act, 1947. The respondent No. 1 also after taking into consideration all the Judgments cited by both the parties in this respect.
7. I further find that after thorough examination and critical scrutiny of the pleadings and material on record and the relevant evidence the respondent No. 1 has arrived at a well-reasoned award dated 5.2.2002 (annexure-5 to the writ petition) on the basis of the findings of fact. The petitioner has not been able to demonstrate before this Court that the findings of fact recorded in the impugned award suffers from any illegality or error apparent on the face of the record. More so, the said findings of fact arrived at by the respondents on the basis of which the impugned award has been passed being based on relevant material on record are not open to challenge before this Court while exercising its extra ordinary jurisdiction under Article 226 of the Constitution of India. The writ petition is dismissed. The interim stay order dated 25.11.2002 is vacated. No order as to costs.