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1960 Supreme(SC) 358

K.C.DAS GUPTA, P.B.GAJENDRAGADKAR, K.N.WANCHOO
Jaswant Sugar Mills LTD. , Meerut – Appellant
Versus
Badri Prasad – Respondent


Advocates:
B.K.Kapur, FRANK ANTHONY, GANPAT RAI, P.C.AGRAWAL, Veda Vyasa

Judgment

DAS GUPTA, J. : These appeals arise out of an industrial dispute between the appellant company and some of its workmen. The dispute was set out in the order of reference in these terms :-

Whether the employers should be required to designate their 15 workmen mentioned in the annexure as permanent workmen. If so, with what details ?"As regards 4 Out of these 15 workmen the dispute was settled amicably between the parties and so the Tribunal had to deal with the case of the remaining 11 workmen. The workmen s case was that they were permanent workmen within the meaning of the Standing Orders of the company. The company s case on the other hand was that all these 11 were seasonal workmen. In answering the question whether these workmen or any of them were permanent workmen or not the Tribunal had first to construe the definition of a permanent workman as in the Standing Orders and apply that construction to the facts found. The definition of a permanent workman in this Standing Order is in these words "A permanent workman is one who is engaged in a permanent nature of work throughout the year and has completed his probationary period if any." According to the Tribunal proper re








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