MORINDA CO-OP. SUGAR MILLS LTD. versus RAM KISHAN AND ORS. ETC.

MORINDA CO-OP. SUGAR MILLS LTD. versus RAM KISHAN AND ORS. ETC.

Workmen engaged only for the crushing season in a sugar factory and who cease work upon closure of the season are not 'retrenched' workmen under Section 2(oo), clause (bb) of the Industrial Disputes Act, 1947. Therefore, the requirements of Section 25-F do not apply and there is no entitlement to reinstatement.

Parties
Appellant: MORINDA CO-OP. SUGAR MILLS LTD.; Respondents: RAM KISHAN AND ORS.
Jurisdiction
India
Judgment Date
25 August 1995
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeals allowed
Legal Topics
Retrenchment, Seasonal Employment, Industrial Disputes Act
Labour Law Retrenchment Seasonal Employment Industrial Disputes Act

Case Brief

Summary, issues, holding and outcome

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Parties

MORINDA CO-OP. SUGAR MILLS LTD.

Appellant

RAM KISHAN AND ORS.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether cessation of work by seasonal workmen at the end of the crushing season constitutes retrenchment under the Industrial Disputes Act, 1947.

Ratio Decidendi

Workmen engaged only for the crushing season in a sugar factory and who cease work upon closure of the season are not 'retrenched' workmen under Section 2(oo), clause (bb) of the Industrial Disputes Act, 1947. Therefore, the requirements of Section 25-F do not apply and there is no entitlement to reinstatement.

Court Disposition

Appeals allowed

Orders

  • The views of the Labour Court and High Court are set aside.
  • Appellant to maintain a register of workmen engaged during crushing seasons and publish notice at the start of new seasons for potential re-engagement based on seniority and work requirements.