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Anil B Kanase v. Krishna Sahakari Sakhar Karkhana

Anil B Kanase
v.
Krishna Sahakari Sakhar Karkhana

(Supreme Court Of India)

Civil Appeal No. 3692 Of 1997 (Special Leave Petition (Civil) No. 9482 Of 1997) | 07-05-1997


K. Ramaswamy, J.

1. Leave granted. The appellant-employee was engaged in the seasonal work in the Chemistry Section of the sugar factory by the respondent No. 1. Since the work was over, the services of the appellant and others were terminated. He sought a reference under the Industrial Disputes Act, 1947 (for short, `the Act) contending that the termination being in the nature of retrenchment is in violation of Section 25-F of the Industrial Disputes Act. The Industrial Tribunal and the High Court negatived the contention.

2. Learned Counsel for the appellant contends that the judgment of the High Court of Bombay relied on in the impugned order dated March 28, 1995 in Writ Petition No. 488 of 1994 is perhaps not applicable. Since the appellant has worked for more than 180 days, he is to be treated as retrenched employee and if the procedure contemplated under Section 25-F of the Industrial Disputes Act, 1947 is applied to, his retrenchment is illegal. We find no force in this contention. In Morinda Co-op. Sugar Mills Limited v. Ram Kishan and others, 1995(5) SCC 653 in paragraph 3, this Court has dealt with engagement of the seasonal workman in sugarcane crushing; in paragraph 4, it is stated that it was not a case of retrenchment of the workman, but of closure of the factory after crushing season was over. Accordingly, in paragraph 5, it was helf that it is not `retrenchment within the meaning of Section 2(oo) of the Act. As a consequence the appellant is not entitled to retrenchment as per Clause (bb) of Section 2(oo) of the Act. Since the present work is seasonal business, the principles of the Act have no application. However, this Court has directed that the respondent-Management should maintain a register and engage the workmen when the season starts in the succeeding years in the order of seniority. Until all the employees whose names appear in the list are engaged in addition to the employees who are already working, the management should not go in for fresh engagement of new workmen. It would be incumbent upon the respondent management to adopt such procedure as is enumerated above.

3. The appeal is accordingly dismissed. No costs.

Advocates List

For the Appellant - Mr. Nikhil M. Sakhardande and Ms. Nandini Gore, Advocates.

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE K. RAMASWAMY

HON'BLE MR. JUSTICE S. SAGHIR AHMAD

HON'BLE MR. JUSTICE G.B. PATTANAIK

Eq Citation

1997 LLR 701

1997 (3) SCT 642 (SC)

(1997) 10 SCC 599

AIR 1997 SC 2698

(1997) SCC (LS) 1637

[1997] (SUPPL.) 1 SCR 259

JT 1997 (5) SC 597

1997 (4) SCALE 338

1997 (76) FLR 847

(1998) 1 LLJ 343

1997 (3) LLN 67

1998 (1) SLJ 147

1997 (4) SLR 586

1997 (2) CLR 383

LQ/SC/1997/850

HeadNote

Labour Law — Industrial Disputes Act, 1947 — S. 2oo — Retrenchment — Seasonal work — Held, principles of retrenchment under S. 2oo have no application