U.P. STATE SUGAR & CANE DEVELOPMENT CORPORATION LIMITED versus CHINI MILL MAZDOOR SANGH & OTHERS

U.P. STATE SUGAR & CANE DEVELOPMENT CORPORATION LIMITED versus CHINI MILL MAZDOOR SANGH & OTHERS

Declaration of permanent status is a managerial function subject to the employer's policy and availability of vacancies; Labour Court was not empowered to direct the employer to declare the workmen as permanent.

Parties
Appellant: U.P. State Sugar & Cane Development Corporation Limited; Respondent Union: Chini Mill Mazdoor Sangh; Respondent Employees: Respondent Nos. 2-15
Jurisdiction
India
Judgment Date
26 September 2008
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed; orders of Labour Court and High Court set aside.
Legal Topics
Promotion of Workmen, Declaration of Permanent Status, Managerial Functions, Jurisdiction of Labour Court
Labor Law Industrial Law Promotion of Workmen Declaration of Permanent Status Managerial Functions Jurisdiction of Labour Court

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Parties

U.P. State Sugar & Cane Development Corporation Limited

Appellant

Chini Mill Mazdoor Sangh

Respondent Union

Respondent Nos. 2-15

Respondent Employees

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether seasonal workmen employed throughout the year are entitled to be declared permanent
  2. 2 Whether Labour Court can direct employer to declare workmen as permanent
  3. 3 Whether the function of declaration as permanent is managerial or judicial

Ratio Decidendi

Declaration of permanent status is a managerial function subject to the employer's policy and availability of vacancies; Labour Court was not empowered to direct the employer to declare the workmen as permanent.

Court Disposition

Appeal allowed; orders of Labour Court and High Court set aside.

Orders

  • Award of Labour Court set aside.
  • Judgment of High Court set aside.