SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1997 Supreme(SC) 829

G.B.PATTANAIK, K.RAMASWAMY, S.SAGHIR AHMAD
Anil Bapurao Kanase – Appellant
Versus
Krishna Sahakari Sakhar Karkhana LTD. – Respondent


ORDER

Leave granted.

2. 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.

3. 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 19941, 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 Ltd. v. Ram Kishan & Ors2, 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 cas



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top