U.P. STATE SUGAR CORPORATION LTD. NOW M/S.DOWIALA SUGAR COMPANY LTD. DOIWALA THROUGH ITS EXECUTIVE DIRECTOR versus NIRAJ KUMAR AND ORS.

U.P. STATE SUGAR CORPORATION LTD. NOW M/S.DOWIALA SUGAR COMPANY LTD. DOIWALA THROUGH ITS EXECUTIVE DIRECTOR versus NIRAJ KUMAR AND ORS.

The respondent failed to prove he was a seasonal workman according to Standing Orders, and mere working during part of the crushing season does not entitle him to re-employment in the succeeding season; the High Court's direction to engage the respondent in every crushing season was not legally sustainable.

Parties
Appellant: U.P. State Sugar Corporation Ltd. now Mis. Dowiala Sugar Company Ltd. Doiwala through its Executive Director; Respondent: Niraj Kumar and Ors.
Jurisdiction
India
Judgment Date
31 July 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeals allowed; judgment of High Court and award set aside
Legal Topics
Workman Classification, Illegal Termination, Re Employment Rights, Standing Orders Interpretation
Labour Law Workman Classification Illegal Termination Re Employment Rights Standing Orders Interpretation

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Parties

U.P. State Sugar Corporation Ltd. now Mis. Dowiala Sugar Company Ltd. Doiwala through its Executive Director

Appellant

Niraj Kumar and Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the respondent was a seasonal or temporary workman
  2. 2 Whether the respondent is entitled to re-employment in the succeeding crushing season

Ratio Decidendi

The respondent failed to prove he was a seasonal workman according to Standing Orders, and mere working during part of the crushing season does not entitle him to re-employment in the succeeding season; the High Court's direction to engage the respondent in every crushing season was not legally sustainable.

Court Disposition

Appeals allowed; judgment of High Court and award set aside

Orders

  • Judgment of the High Court and award impugned in the present appeals are set aside
  • Parties will bear their own costs