U.P.C.U.E.F. LTD. versus CANE COMMISSIONER AND R.C.C.S. AND ORS.

U.P.C.U.E.F. LTD. versus CANE COMMISSIONER AND R.C.C.S. AND ORS.

Change in the definition of 'crushing season' affected the period and payment of wages of workmen, which is a condition of service covered by Clause 1 of the Third Schedule. Thus, such change could not have been made without serving a notice to the affected employees under Section 4-1 of the U.P. Industrial Disputes Act, 1956. The impugned orders were vitiated for want of such notice.

Parties
Appellant: U.P.C.U.E.F. LTD.; Respondents: Cane Commissioner and R.C.C.S. and Ors.
Jurisdiction
India
Judgment Date
10 April 2008
Procedural Posture
Civil Appeal / Decision on Appeal Against High Court Order
Outcome
Appeal allowed. High Court judgment set aside. Writ petition of appellant allowed to the extent indicated.
Legal Topics
Notice of Change in Service Conditions, Industrial Dispute, Wages of Seasonal Workers
Labour Law Notice of Change in Service Conditions Industrial Dispute Wages of Seasonal Workers

Case Brief

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Parties

U.P.C.U.E.F. LTD.

Appellant

Cane Commissioner and R.C.C.S. and Ors.

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal Against High Court Order

Legal Issues

  1. 1 Whether it was mandatory to give notice under Section 4-1 of the U.P. Industrial Disputes Act, 1956 before effecting change in the definition of 'crushing season' affecting workmen's conditions of service
  2. 2 Whether the order changing definition of 'crushing season' valid without notice to affected employees

Ratio Decidendi

Change in the definition of 'crushing season' affected the period and payment of wages of workmen, which is a condition of service covered by Clause 1 of the Third Schedule. Thus, such change could not have been made without serving a notice to the affected employees under Section 4-1 of the U.P. Industrial Disputes Act, 1956. The impugned orders were vitiated for want of such notice.

Court Disposition

Appeal allowed. High Court judgment set aside. Writ petition of appellant allowed to the extent indicated.

Orders

  • Impugned judgment of the High Court set aside.
  • Writ petition filed by the appellant allowed to the extent indicated.